These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use Sleepiest (“OurApp”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account and purchasing a Subscription. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App immediately.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” - Means an account required to access and use Our App, as detailed in Clause 4;
“App Store Purchase” - Means a Subscription purchased through the Apple App Store or Google Play, where Apple or Google (as applicable) is the seller of record and collects your payment, as detailed in Clause 7;
“Content” - Means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
“Contract” - Means the contract between Us and you for the purchase and sale of a Subscription to Our App, as explained in Clause 6;
“Order” - Means your order for a Subscription;
"Subscription Confirmation" - Means Our acceptance and confirmation of your Order;
“Subscription” - Means a subscription to access Our App, purchased in accordance with these Terms and Conditions;
“User” - Means a user of Our App;
“User Content” - Means profile photos and information provided by facebook login, created and/or uploaded by Users in or to Our App;
“Web Purchase” - Means a Subscription purchased directly from Us through Our website or web app, where your payment is processed on Our behalf by Our payment provider, Stripe, as detailed in Clause 7;
“We/Us/Our” - Means Happiest Limited, a limited company registered in England under company number 09709710, whose registered address is 50 Bishopton Road, Middlesbrough, Cleveland, TS4 2RS, United Kingdom and whose main trading address is Happiest Limited, Round Foundry Media Centre, Foundry St, Leeds LS11 5QP.
2.1 - Our App is owned and operated by Happiest Limited, a limited company registered in England under company number 09709710, whose registered address is 50 Bishopton Road, Middlesbrough, Cleveland, TS4 2RS, United Kingdom and whose main trading address is Happiest Limited, Round Foundry Media Centre, Foundry St, Leeds LS11 5QP. Our VAT number is GB264427400.
2.2 - We are regulated by the Department for Business, Energy & Industrial Strategy (United Kingdom).
3.1 - Access to the full range of content within Our App requires a Subscription. Upon purchasing a Subscription, all premium content in Our App will be available to you for the duration of that Subscription and any and all subsequent renewals.
3.2 - We may from time to time make changes to Our App:
3.2.1 - Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by e-mail, in-app notification, or in the update text on the given app store of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;
3.2.2 - Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by e-mail, in-app notification, or in the update text on the given app store of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;
3.2.3 - As detailed in the app store description, We may continue to develop and improve Our App over time, in some cases making significant changes to it.
3.3 - We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.
4.1 - An Account can optionally created for use with Our App.
4.2 - You may not create an Account if you are under 14 years of age.
4.3 - When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 - We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 - You must not use anyone else’s Account.
4.6 - Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 21.
4.7 - If you wish to close your Account, you may do so at any time by cancelling the automatic renewal of your Subscription: in the “Manage Subscriptions” settings of the app store you purchased it from (for App Store Purchases), or via your account settings in the Sleepiest web app (for Web Purchases). If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable. Cancelling does not by itself entitle you to a refund; please refer to Clause 8.
5.1 - We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our App) correspond to the actual services that will be provided to you.
5.2 - Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features in Our App. Please ensure that you select the appropriate Subscription when prompted.
5.3 - All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased.
5.4 - All prices include VAT.
6.1 - You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your Order. Please ensure that you check carefully before confirming your purchase.
6.2 - No part of Our App, website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by us confirming your Subscription inside of Our App. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 - Subscription Confirmations contain the following information:
6.3.1 - Confirmation of your chosen Subscription including full details of the main characteristics and features of Our App available as part of that Subscription.
6.3.2 - Pricing.
6.3.3 - Details of the duration of your Subscription.
6.4 - If we do not accept or cannot process your subscription purchase for any reason, no payment will be taken under normal circumstances. If we have taken payment in such circumstances, the payment will be refunded in full: for App Store Purchases, by Apple or Google in accordance with their respective refund policy; for Web Purchases, by Us to your original payment method within 14 calendar days.
6.5 - Subject to the cancellation provisions in Clause 8, once you have confirmed your subscription purchase, your subscription cannot be changed until the end or renewal date of that Subscription.
6.6 - By purchasing a Subscription, you are expressly requesting that access to Our App be made available to you immediately, including during any statutory cancellation (“cooling-off”) period that applies to you (and you will be required to acknowledge this). Where you have a statutory right to withdraw and obtain a refund, this request does not remove that right; however, where the law permits, if you exercise it you will be required to pay a proportionate amount for the access provided up to the date your refund request is received, as explained in Clause 8. Please note that such a right is exercised by requesting a refund in the manner described in Clause 8, not simply by cancelling the renewal of your Subscription. Please be aware that We do not offer any Subscriptions that do not begin immediately. For full details of cancellation and refunds, please refer to Clause 8.
6.7 - Some of the subscription's available in Our App may offer a free trial of varying lengths. Up to 24 hours prior to any such trials ending, you will automatically be charged for the subscription you selected.
7.1 - Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
7.2 - We accept the following methods of payment:
7.2.1 - Apple App Store (in-app purchase), via any payment method accepted by Apple. Purchases made this way are App Store Purchases.
7.2.2 - Google Play (in-app purchase), via any payment method accepted by Google. Purchases made this way are App Store Purchases.
7.2.3 - Direct purchase from Our website or web app, processed on Our behalf by Stripe, via any payment method offered at checkout (for example, debit or credit card, Apple Pay, Google Pay or Link). Purchases made this way are Web Purchases.
7.3 - For App Store Purchases, Apple or Google (as applicable) is the seller of record and collects your payment; We do not receive your payment details and do not hold the funds. For Web Purchases, We are the seller and Stripe processes your payment on Our behalf.
8.1 - Cancelling and requesting a refund are two different things. Please read this sub-Clause carefully, as it explains the difference and how the rest of this Clause 8 applies to you.
8.1.1 - Cancelling means turning off the automatic renewal of your Subscription. When you cancel, your Subscription will not renew and you will not be charged again, but you will keep full access to Our App until the end of the Subscription period you have already paid for. Cancelling does not, by itself, result in any refund, is not a request for a refund, and does not exercise any statutory cancellation or “cooling-off” right described below. How to cancel is explained in sub-Clauses 8.2 (App Store Purchases) and 8.4 (Web Purchases).
8.1.2 - Requesting a refund is a separate step that you must take yourself. For App Store Purchases, refunds can only be requested from Apple or Google, as explained in sub-Clause 8.3. For Web Purchases, the only way to request a refund is by emailing support@sleepiest.com from the email address registered to your Account. Whether you are entitled to a refund of a Web Purchase depends on where you live (sub-Clauses 8.5 to 8.8) and on whether Our App is faulty or not as described (sub-Clause 8.9). If We agree that a refund is due, We will also cancel the automatic renewal of your Subscription.
8.1.3 - Sub-Clauses 8.2 and 8.3 apply to App Store Purchases. Sub-Clauses 8.4 to 8.8 apply to Web Purchases. Sub-Clauses 8.9 to 8.12 apply to all Subscriptions, however purchased. Nothing in this Clause 8 affects your statutory rights as a consumer, which are summarised in sub-Clause 8.12.
8.2 - App Store Purchases – cancelling. If you made an App Store Purchase, your purchase is made from Apple or Google (as applicable) and is subject to Apple’s or Google’s terms of sale and refund policy in addition to these Terms and Conditions. You may cancel the automatic renewal of an App Store Purchase at any time through the “Subscriptions” settings of your Apple ID or Google Play account. Cancelling stops your Subscription from renewing; you will keep access to Our App until the end of the Subscription period you have already paid for. Cancelling is not a refund request; to request a refund, see sub-Clause 8.3.
8.3 - App Store Purchases – refunds. Because Apple or Google collects your payment for an App Store Purchase, We do not hold those funds and cannot issue a refund for an App Store Purchase Ourselves. All refund requests for App Store Purchases must be submitted to Apple (for example, via reportaproblem.apple.com) or to Google (for example, via the Google Play Help Centre or your Google Play order history); emailing Us does not constitute a refund request for an App Store Purchase. Whether, and to what extent, a refund is given is determined by Apple or Google under its own refund policy and the law that applies to it. The decision is Apple’s or Google’s alone and not Ours, and We are unable to override it. Any statutory right to cancel or to a refund that you have in respect of an App Store Purchase (including, where applicable, the 14-day right of withdrawal for consumers in the United Kingdom, the European Union and the EEA) is exercisable against Apple or Google, as applicable, in accordance with its terms. If you contact Us about a refund for an App Store Purchase, We will direct you to the relevant platform.
8.4 - Web Purchases – cancelling. You may cancel the automatic renewal of a Web Purchase at any time via your account settings in the Sleepiest web app (via the profile drop-down in the top right of the screen when logged in). Cancelling stops your Subscription from renewing; you will keep access to Our App until the end of the Subscription period you have already paid for, and no refund is given for the unused part of that period. Cancelling in your account settings only stops renewal: it is not a request for a refund and does not exercise any cooling-off or other statutory right described in sub-Clauses 8.5 to 8.8. If you believe you are entitled to a refund, you must request it separately by emailing support@sleepiest.com within any time limit that applies to you.
8.5 - Web Purchases – consumers in the United Kingdom, the European Union and the EEA (“cooling-off” period). If you are a consumer (but not a business customer) resident in the United Kingdom, the European Union, Norway, Iceland or Liechtenstein, you have a legal right to withdraw from the Contract for a Web Purchase for any reason, and to receive a refund calculated in accordance with sub-Clause 8.5.1, within 14 calendar days beginning the day after the day the Contract is formed (that is, the day you receive your Subscription Confirmation, including where your Subscription begins with a free trial). This is known as the “cooling-off” period. To exercise this right you must email Us at support@sleepiest.com before the period ends, as described in sub-Clause 8.6. Simply cancelling the automatic renewal of your Subscription in your account settings, whether during or after the cooling-off period, does not exercise this right: in that case sub-Clause 8.4 applies, you keep access until the end of the paid period and no refund is due.
8.5.1 - As explained in sub-Clause 6.6, you have asked Us to start providing access to Our App immediately. If you request a refund under this sub-Clause 8.5 during the cooling-off period, you will be entitled to a refund of any amount you have paid, less an amount proportionate to the access that was provided up to the time your request was received, compared with the full Subscription period. This proportion is calculated on a daily basis: the price of your Subscription divided by the number of days in the Subscription period, multiplied by the number of days (including part days) from the start of the paid Subscription period to the day your request was received. If you have not yet been charged (for example, because you are still within a free trial), nothing will be charged and your Subscription will simply be cancelled.
8.5.2 - We will make the refund without undue delay and in any event no later than 14 calendar days after the day on which We receive your request, using the same payment method you used for the Web Purchase, and We will not charge you any fee for the refund.
8.5.3 - If you are a consumer in the United Kingdom then, in addition to the cooling-off period described above and where required by applicable law, you have a further 14-day period in which to request a refund calculated in accordance with sub-Clause 8.5.1, beginning on the day after: (a) any free trial or discounted introductory period ends and your Subscription becomes chargeable at the full price; and (b) any renewal of your Subscription for a period of 12 months or more. The same rules apply: the request must be made by email within the period, and cancelling renewal in your account settings alone is not such a request.
8.6 - Web Purchases – how to request a refund under the cooling-off period. To exercise your right under sub-Clause 8.5, you must inform Us of your decision by a clear statement, sent by email to support@sleepiest.com from the email address registered to your Account, before the relevant period ends. You may use the following model cancellation form, but you do not have to: “To Happiest Limited, support@sleepiest.com: I hereby give notice that I withdraw from my contract for the supply of a Sleepiest Subscription ordered on [date] and request a refund. Name of consumer: [ ]. Address of consumer: [ ]. Email address used for the Account: [ ]. Date: [ ].” We will acknowledge receipt of your request by email without delay. You have met the deadline if you send your email before the period expires.
8.7 - Web Purchases – consumers in the United States. If you are resident in the United States, We do not offer a statutory cooling-off period and, other than as set out in sub-Clauses 8.9 and 8.11, refunds of Web Purchases are at Our discretion, except where the law of your state requires otherwise. Any refund request must be made by emailing support@sleepiest.com. You may cancel the automatic renewal of your Subscription online at any time, in the same way you subscribed, as described in sub-Clause 8.4. Where required by the law of your state (including, for California residents, the California Automatic Renewal Law), We will obtain your affirmative consent to automatic renewal before charging you, will send you a reminder before a free trial or promotional period converts to a paid Subscription and before any renewal of a Subscription with an initial term of 12 months or more, and will honour any right to cancel or to a refund that the law of your state gives you.
8.8 - Web Purchases – consumers in other countries. In each case below, a refund must be requested by emailing support@sleepiest.com within the time limit that applies; cancelling renewal in your account settings alone is not a refund request.
8.8.1 - Australia and New Zealand. Our services come with guarantees that cannot be excluded under the Australian Consumer Law and, in New Zealand, the Consumer Guarantees Act 1993. If Our App or Our services fail to meet a consumer guarantee, you are entitled to the remedies provided by that law, which may include a refund. Neither law gives a general right to a refund because you have changed your mind, and We do not offer a cooling-off period in Australia or New Zealand except where required by law.
8.8.2 - Canada. If you are resident in Canada, you have the right to withdraw from a Web Purchase and receive a refund in the circumstances, within the time limits and to the extent provided for by the consumer protection legislation of your province or territory (for example, the Ontario Consumer Protection Act, 2002 or the Quebec Consumer Protection Act), and We will refund any amount due to you within the period required by that legislation (and in any event within 15 days of receiving your request).
8.8.3 - Brazil. If you are resident in Brazil then, in accordance with Article 49 of the Consumer Defence Code (Código de Defesa do Consumidor, Law No. 8,078/1990), you may withdraw from a Web Purchase for any reason within 7 calendar days of the date of purchase (or, where your Subscription begins with a free trial, within 7 calendar days of the date on which you are first charged) by emailing support@sleepiest.com, and any amount you have paid will be refunded to you in full, immediately and with monetary correction where required by law.
8.8.4 - All other countries. If you are resident in a country not covered above and the mandatory consumer protection law of that country gives you a right to withdraw from a contract concluded at a distance, or a right to a refund, that cannot be excluded or limited by agreement (for example, a statutory withdrawal or cooling-off period), We will honour that right in accordance with, and within the time limits set by, that law, provided you request the refund by emailing support@sleepiest.com within that time limit. Otherwise, sub-Clause 8.4 applies and no refund is due.
8.9 - Faulty or misdescribed services – all Subscriptions. Whatever the method of purchase, you may end your Subscription at any time, and you may be entitled to a full or partial refund for services or digital content not provided, in the following circumstances:
8.9.1 - We have incorrectly described Our App or it is faulty (please refer to Clause 16 for more details); or
8.9.2 - There is a risk that the availability of Our App may be significantly delayed due to events outside of Our control; or
8.9.3 - We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.9.4 - For Web Purchases, a refund under this sub-Clause 8.9 must be requested by emailing support@sleepiest.com, and any refund due will be paid by Us within 14 calendar days of the day on which We confirm that a refund is due. For App Store Purchases, please request the refund from Apple or Google as described in sub-Clause 8.3; We will co-operate with Apple or Google as needed.
8.10 - We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our App in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.11 - In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
8.11.1 - If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at support@sleepiest.com.
8.11.2 - If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method. For App Store Purchases, the refund can only be issued by Apple or Google; We will assist you in obtaining it from the relevant platform.
8.12 - Refunds and your statutory rights. All refunds paid by Us will be made to the payment method used for the original purchase, in the currency in which you paid, and without charge; We are not responsible for differences arising from exchange rate movements or for fees charged by your bank or card issuer. Nothing in these Terms and Conditions excludes or limits any right that you have as a consumer under the law of the country in which you live that cannot be excluded or limited by agreement, including your rights in respect of goods, services or digital content that are faulty or not as described. Where any provision of this Clause 8 is less favourable to you than such a right, that right applies.
9.1 - We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to aid in sleep / listen to audio content for personal (including research and private study) and business purposes, subject to these Terms and Conditions.
9.2 - Subject to the licence granted to Us under sub-Clause 12.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
9.3 - All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.4 - By accepting these Terms and Conditions, you hereby undertake:
9.4.1 - Not to copy, download or otherwise attempt to acquire any part of Our App;
9.4.2 - Not to disassemble, decompile or otherwise reverse engineer Our App;
9.4.3 - Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and
9.4.5 - Not to embed or otherwise distribute Our App on any website, ftp server or similar.
10.1 - You may link to Our App is hosted provided that:
10.1.1 - You do so in a fair and legal manner;
10.1.2 - You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.1.3 - You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and
10.1.4 - You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
10.2 - You may not link to any page other than the homepage of Our App (https://www.sleepiest.com) unless using the sharing features of Our App. Deep-linking to other parts of Our App requires Our express written permission.
10.3 - You may not link to Our App from any other website the content of which contains material that:
10.3.1 - Is sexually explicit;
10.3.2 - Is obscene, deliberately offensive, hateful or otherwise inflammatory;
10.3.3 - Promotes violence;
10.3.4 - Promotes or assists in any form of unlawful activity;
10.3.5 - Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.3.6 - Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person
10.3.7 - Is calculated or is otherwise likely to deceive another person;
10.3.8 - Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
10.3.9 - Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2 or 10.3);
10.3.10 - Implies any form of affiliation with Us where none exists;
10.3.11 - Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
10.3.12 - Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.4 - Please note that the content criteria described above in sub-Clause 10.2 or 10.3 apply only to content over which the owner and/or operator of the website in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a website on which you establish a link to Our App post content such as comments that violate the above criteria.
11.1 - We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
12.1 - You agree that you will be solely responsible for any and all User Content that you create or upload using Our App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14.
12.2 - You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
12.3 - You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our App.
12.4 - If you wish to remove User Content, you may do so by emailing support@sleepiest.com. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
12.5 - We may reject, reclassify, or remove any User Content created or uploaded using Our App where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
13.1 - All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
13.2 - Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
13.3 - We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Our App. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
14.1 - You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:
14.1.1 - You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
14.1.2 - You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
14.1.3 - You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
14.1.4 - You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
14.2 The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:
14.2.1 - is sexually explicit;
14.2.2 - is obscene, deliberately offensive, hateful, or otherwise inflammatory;
14.2.3 - promotes violence;
14.2.4 - promotes or assists in any form of unlawful activity;
14.2.5 - discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
14.2.6 - is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
14.2.7 - is calculated or otherwise likely to deceive;
14.2.8 - is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
14.2.9 - misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
14.2.10 - implies any form of affiliation with Us where none exists;
14.2.11 - infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
14.2.12 - is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
14.3 - We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
14.3.1 - Suspend, whether temporarily or permanently, your Account and/or your right to access Our App (for more details regarding such cancellation, please refer tosub-Clause 8.11);
14.3.2 - Remove any of your User Content which violates this Acceptable Usage Policy;
14.3.3 - Issue you with a written warning;
14.3.4 - Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.3.5 - Take further legal action against you as appropriate;
14.3.6 - Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
14.3.7 - Any other actions which We deem reasonably appropriate (and lawful).
14.4 - We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
15.1 - We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.
15.2 - You agree that you will not attempt to remove or hide any advertising using HTML/CSS/Ad-Blockers or by any other method.
15.3 - We are not responsible for the content of any advertising in Our App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our App including, but not limited to, any errors, inaccuracies, or omissions.
16.1 - If you have any questions or complaints regarding Our App, please email Us at support@sleepiest.com.
16.2- If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our App:
16.2.1 - Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
16.2.2 - Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
16.2.3 - For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
17.1 - No part of Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to sleep aid.
17.2 - Subject to your legal rights if you are a consumer (as summarised above in Clause 16), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
17.3 - We make reasonable efforts to ensure that the content contained within Our App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App (and the content therein) is complete, accurate or up-to-date.
17.4 - We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our App. Any such opinions, views, or values are those of the relevant User, and do not reflect our opinions, views, or values in any way.
18.1 - If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
18.2 - If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.
18.3 - To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
18.4 - To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App.
18.5 - If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
18.6 - We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware. Subject to sub-Clause 16.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
18.7 - We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
18.8 - Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
19.1 - We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.
19.2 - You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
19.3 - You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
19.4 - You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
19.5 - You must not attach Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
19.6 - By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
20.1 - The Use of Our App is also governed by Our Privacy and Cookie Policy, available here. This policy is incorporated into these Terms and Conditions by this reference.
21.1 - All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
21.2 - We may use your personal information to:
21.2.1 - Reply to any communications that you send to Us;
21.2.2 - Send you important notices, as detailed in Clause 22;
22.1 - If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our App, and changes to your Account.
22.2 - We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
22.3 - For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@sleepiest.com.
23.1 - We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
23.2 - You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
23.3 - The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
23.4 - If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
23.5 - No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
24.1 - We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented. You are therefore advised to check this page from time to time.
24.2 - In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
25.1 - To contact us, please email us at support@sleepiest.com.
26.1 - These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
26.2 -If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 26.1 above takes away or reduces your rights as a consumer to rely on those provisions.
26.3 - If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
26.4 - If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.