These Terms of Service constitute an agreement between you and DreamSleepApp.com, LLC, a Chicago based Firm, and its subsidiaries. This agreement regulates your use of the DreamSleep app and DreamSleepApp.com.
“We”, “us”, “our” and “ours” refers to Sleepspace and “you”, “your” and “yours”, “User(s)” refers to the Users of these services.
Sleepspace is a wellness app that provides you soothing sounds, music and mindfulness based meditations to help you relax before sleep.
Sleepspace is a wellness app that provides you soothing sounds, music and mindfulness based meditations to help you relax before sleep.
The service is not intended for medical purposes. (See Medical Disclaimer)
We offer our services (“Services”) on our mobile application (“App”).
You agree to these Terms when you start using our Services. If you don’t agree with these Terms, kindly refrain from using our Services. You also agree that you are using our Services as per our Privacy Policy.
Our Terms are subject to change. We will duly notify you about the changes, but we also suggest that you review the Terms regularly. Using our Services after we modify the Terms indicates your agreement to the new Terms. Once again, if you don’t agree with the modified Terms, you may stop using our Services.
You are using this App exclusively for your own benefit. You agree not to transmit this knowledge or reproduce this content to third parties. (See Intellectual Property and Service Mark).
We reserve the right in our sole discretion to change, limit, or discontinue any aspect, content, or feature of our Services, as well as any aspect pertaining to the use of the Website or App.
We reserve the right to change or discontinue any feature or all of our Services at any time. Your continued use after such alterations shows your agreement to the changes.
While you are purchasing these Services as they are (see Warranty Disclaimer), you can expect future functionality.
By accepting these Terms, you waive your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, and agree to resolve all disputes between you and Sleepspace by binding individual arbitration. You can opt out of arbitration within 30 days from when you first agree to these Terms. You can read about the opt-out procedure in the Arbitration section below.
You must be at least 18 years old to use Services.
Your safety is of paramount importance to us. We recommend that you use the app in bed or lying in a safe location. The service is designed to help you achieve deep relaxation, so you may find it easier to fall asleep. Accordingly, it's not recommended to use this app if falling asleep may put you or others in harm's way.
You should also consult your physician if you are under the influence of drugs or medicine, or if you are using Service around children under 18 who have not been screened for seizures or illness.
We recommend that you limit the use of service to 3 sleep sessions in a 24 hour time span.
By using Sleepspace, you become responsible for applying specific information provided therein. Sleepspace is designed to help with mindful deep breathing, a known practice to help relax the mind and body. We make no medical claims about the app being a sleep aid. Sleepspace also doesn’t replace any medical or psychological treatment.
We do not claim that our Service will be effective in achieving the stated goals to provide relaxation, for any and all Users, including you, to.
The service has NOT been scientifically or medically tested, or approved by the Food and Drug Administration (FDA). The use of the service is based on “try it, see if it works for you” basis.
You should also be fully aware that our Services are not meant to diagnose, alleviate, treat or cure medical problems, including any particular sleep disorders and other medical conditions.
Content on this site is not meant to replace consultation with a sleep specialist. Only a sleep specialist can evaluate your symptoms and make a diagnosis. If your physician or any other qualified medical practitioner offers advice that conflicts with anything on Sleepspace, the advice of the qualified professional should always take precedence over any information that you receive from our service.
All information you provide is strictly private and confidential and never shared with others. Please see the Privacy Policy for further details.
While we provide information and cite scientific articles/studies related to the mounting evidence that improved sleep can improve mental and physical health and wellbeing, we do not claim that our Services will improve sleep for all users, or alleviate, treat, or cure any particular mental or physical symptom or medical condition or ailment.
We also do not claim that by improving your sleep, your specific ailment or medical conditions may improve in any way.
We advise caution and that you consult a medical professional if you need regularly need to use the service to sleep, especially if you need multiple sessions per night to get rest. Disturbed sleep, especially worsening sleep may be a sign of other serious medical conditions.
The features and functions we offer are available Users of our service.
Once you or other party has paid on your behalf all applicable charges and have agreed to these terms, you get a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use of the Services, unless otherwise stated.
Your subscription is only valid for your own (non-commercial) use. While you can use multiple devices to access our service, you can only login through one devices at a time. All other devices will automatically be logged off, when you login with a new device.
When you sign up for our Services, we ask you to provide an initial and ongoing sleep assessment.
The Services are based on improving your sleep. To that end, we track and measure your inputs, and its components to determine the effectiveness of our solutions. You can also track your progress by viewing your sleep progress at different time intervals (nightly, weekly, and all-time).
All prices stated do not include taxes and charges. We may change prices and the payment methods, and you will be notified about these changes. Your continued use of our Services after these changes will show your acceptance of them.
You may receive one-time or forever discount coupon.
You may be offered a promotional forever discount coupon that apply to annual plans and will be subsequently applied in the next billing cycle. Only one forever coupon can be applied at a time.
You may be offered a one-time discount coupon that also only applies to annual plans. The one-time coupon only applies for the first year, and subsequently, you will be charged the regular price after that.
You may be offered both forever and one-time coupon, that can apply together.
We offer a 7-day free trial upon initial sign-up with your credit card. If you do not cancel within the trial, you will be charged.
The free trial is only for first-time users. We reserve the right not to offer it for certain users including but not restricted to:
During the free-trial, you will have full access to the service.
You can access the customer care through “Contact Us” on the DreamSleepApp.com website, or by creating an account in the app, and contacting customer support. The support is off-line chat based messaging.
You can also reach the customer care through support [at] DreamSleepApp.com
Exclusively for paid subscribers is access to 1-1 Confidential support from our team of sleep experts. The support is off-line chat based messaging.
You can access the sleep support through in the app, and Get Help section and ask any sleep related questions. Our team of experts are here to answer your questions and guide you how best to use our service to improve your sleep.
You can cancel your subscription at any time from the app.
Click on Settings, Manage Account, and Cancel Subscription and follow the prompts.
We make the process simple, and automatic.
If you cancel prior to the end of the trial period, your account will not be charged.
If you cancel after the trial period, your account will still be active until the end of the billing period.
If you wish to deactivate or delete your account data, please contact customer service through the chat, with the words “DELETE ACCOUNT”. Our customer service will send you a confirmation code to your email to verify your request.
Once you verify the request, your account will be deleted.
Once your account is charged we do not offer a refund.
Your account, and any bonus “gift” accounts that you may receive are provided as part of a non-commercial license. You can gift the additional bonus accounts access to family members and friends by inviting them from the app from your account. This also means, you cannot resell access to these accounts, or redistribute these accounts for any other purpose.
We process the information provided by our Users according to our Privacy Policy. By using our Services, you give your consent for this processing and also guarantee that the data you provide is accurate.
As a paid member, we will ask you to register personal information and set a Username and password. Protection of this information is your responsibility, as you are liable for all activities that happen on your account, whether you are using it or not.
If your password is compromised, you should immediately notify us to change the password or deactivate the account. If you fail to notify us, you will be liable for any unauthorized use of your account until corrective action is taken.
Any content you upload (e.g. testimonials or live more stories) will be public and non-confidential for all purposes. By posting such content, you also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, copy, modify, and create derivative works based upon it. This permission survives the termination or expiration of these Terms (See Survivorship).
At DreamSleep App, we value your trust. And your Feedback is the foundation of that trust.
We ask for your feedback by rating your experience after each session.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DreamSleep App, our parent company or an subsidiary under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, DreamSleep App does not waive any rights to use similar or related ideas previously known to DreamSleep App, or developed by its employees, or obtained from sources other than you.
WHEREAS, Sleepspace has developed and possesses certain trade secrets and proprietary and confidential technical and business information relating to AIR Sleep Method, its underlying techniques and sequences of instructions, and the method through which sleep sessions are personalized for each person based on their input, and corresponding designs, data structures, application programming interfaces, systems components and software for improvement of sleep, health and wellbeing, collectively known as Confidential and Proprietary Information.
WHEREAS, during the course of Service and training, Sleepspace may disclose certain Confidential and Proprietary Information in support of activities.
The User agrees to keep in strict confidence and not disclose to any third party any confidential and proprietary information disclosed by Sleepspace during the use of the Services, except as hereinafter provided.
The User agrees to keep in strict confidence and not disclose to any third party any confidential and proprietary information disclosed by Sleepspace during the use of the Services, except as hereinafter provided.
The obligations set forth in paragraphs above shall not in any way restrict or impair the right of PARTICIPANT to disclose any information:
Apart from the right of personal non-commercial use, no rights or license whatsoever, expressed or implied, is granted by Sleepspace to Users pursuant to this agreement under any patent, patent application, copyright, trademark or other proprietary rights, confidential and proprietary information now or hereafter owned or controlled by Sleepspace.
You are not authorized to transmit the Confidential and Proprietary Information or its derivatives to any person or entity. An attempt to create a derivative of AIR Sleep Method and corresponding method to personalized sleep sessions will be considered a breach of contract.
User shall not make any copy or in any way reproduce or excerpt such Proprietary Information except where necessary for the purpose of this Agreement or as authorized by Sleepspace in writing. Any such copies shall include our proprietary notice.
Testimonials / Your Stories displayed on the Website, on Sleepspace’s Social Media sites, or inside the App reflect the experiences of individuals who used our Services. Testimonials are not reflective of all users.
Individual results may vary. We do not claim, and no one should assume, that individual experiences as reflected in any testimonial are typical of all users.
Also, go through our Privacy Policy to see how we regulate testimonials and other user content.
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
The graphics, design, layout, audio, visual, and written content and other related features of our Services are protected by both US law and international copyright laws. These components of our Services cannot be reproduced or stored in any medium, including but not restricted to, a retrieval system, or transmitted, in any form or by any means (digital, mechanical, photocopying, recording, broadcasting), or shown in public.
You can also not create any derivative work or make any other adaptation, without our prior written consent. You cannot copy portions of the content or use them for commercial or non-commercial use without our written consent. The only authorized method to display the content from this Website is to share links to the Website.
If you breach these Terms by downloading material, you will immediately lose your right of use. We may also ask you to return or destroy any copies that you made in violation of these Terms. We reserve all rights that are not clearly given in these Terms or for which we have not given a written license. You have to contact us and gain prior written consent for all other uses of our content, whether audio, visual, or text.
The name DreamSleep App, Sleepspace, AIR Sleep Method, Get More From Life, and their respective logo(s) are service marks or registered trademarks. You may not use them for framing, meta tags, and other related purposes without prior written consent.
You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, data structures, images, sound files, application programming interfaces, algorithms, know-how or other information from the binary code portions of our software (collectively, "Reverse Engineering") or permit or encourage any such activity.
If however, the directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with Sleepspace, or as otherwise and to the limited extent permitted by directly applicable law, but only if:
Hacking or attempting to hack DreamSleepApp.com is completely prohibited. When you attempt such activities, we will log your IP Address and our Cyber Threat Team will monitor your account.
Any information supplied to or obtained by you under this section is the confidential information of Sleepspace subject to the obligations of Confidentiality Section, and may only be used by User for the purpose described in this section. It must not be disclosed to any third party or used to create any software which is substantially similar to the style and appearance of Sleepspace.
You must never perform the following activities on our Website/App, nor encourage or force others to do them:
We will determine any breach of agreement arising from your use of the Services in our absolute discretion. In such a case, we may take one or more of the following actions:
Please note that we can take other possible actions following a breach of agreement from your side, which are not included in this list. In addition, we may take any other action deemed necessary. We exclude liability for all our actions taken in response to a violation of these terms.
You are using our Services at your own risk, which we provide “as is”. We offer no warranty for the quality, content, availability, and fitness for a specific purpose of the Services and the Sleepspace ecosystem. In addition, we offer no warranty on the accuracy of the information on the Website and App.
Hence, we are not liable to any person for loss or damage of any kind (directly or indirectly), arising from the use (or lack thereof) of information contained in any of our materials, to the extent permitted by applicable law.
We do not guarantee the availability of information on the Sleepspace Website and App at any time, nor do we guarantee that it is updated or without errors. We ask you to exercise the same caution in purchasing and using our Services as you would with any product or service. No communication, advice, or information whether written or oral will constitute a warranty on our behalf.
In some states and jurisdictions, exclusion or disclaimer of certain warranties is not permitted, which means some of the above disclaimers may not apply to you. In this case, your statutory rights as a User remain unaffected.
By using our Services, you agree that Sleepspace, its parent company (including affiliates, licensors, directors, officers, employees) or any third party is not liable for any damages, whether direct, indirect, incidental, special or consequential resulting from the use (or lack thereof) of our Services, to the extent permitted by applicable law. These damages include (but are not restricted to:
You cannot take content posted by other Users as advice approved and endorsed by Sleepspace. We are not liable for and take no responsibility for the reliance you place on such content.
Note that exclusion or limitation of liability for certain damages is not allowed in some states and jurisdictions. For this reason, part of this limitation of liability may not be applicable to you. In no case will our total liability to you will exceed the amount you have paid for the Services in the last 12 months, or $100, whichever is greater. This provision doesn’t affect:
You acknowledge and agree that we will take all reasonable measures to keep our Services operational. However, there are limitations beyond our reasonable control that can disrupt your use of Services. These include (but are not restricted to) internet failure, labor shortage/dispute, government policies, and natural disasters.
We also reserve the right to modify functions and features of Service at any time with or without notice, for a definite or indefinite period. By agreeing to these Terms, you also don’t hold us liable for performance delays or failures, and we agree to rectify all such issues as soon as possible.
"You may come across third-party content, software, and products on or through our Website and App. You must only use these as per the third party’s terms and conditions. Reference to any publication, website, product, service, individual, or organization on our Website or App doesn’t constitute an endorsement.
You may find links to third party websites in our content, websites that we neither own nor operate. Hence, we accept no responsibility or liability for materials on websites that we don’t own or control. We neither make representations nor make any guarantees about the content of external websites linked by us. "
"These Terms constitute the entire agreement between you and us, replacing and superseding any prior communication (oral or written) between us related to these Terms. Additional or different terms relating to the text of this agreement in any communication (oral or written) between us is rendered void by your acceptance of this agreement.
You acknowledge and agree that your approval of these Terms is not based on any representations (oral or written) made by us that are not contained in this agreement."
"If a court (of competent jurisdiction) holds one or more of these Terms to be illegal, void, or unenforceable, we will modify those Terms to reflect their primary objective to the fullest extent permitted by law, while the remaining terms remain in effect.
If we do waive a default by you, we will do so in writing. Unless otherwise stated, you have to comply with your obligations under these Terms, even if we fail to insist that you do so, or if we do not enforce (or delay enforcing) our rights against you."
These terms apply to you from the time you start using our Services until your access is terminated. We reserve the right to terminate this agreement or suspend your account at any time due to unauthorized use (or suspected unauthorized use) of our Services, in violation of these Terms or otherwise. If we terminate your account for any of the reasons listed in these Terms, we will have no liability and responsibility to you.
"Sleepspace is based in Chicago, Illinois, USA. Some jurisdictions or states may prohibit your use of our Services or access to our content. You have the responsibility for complying with all applicable laws pertaining to your use of the Services. We do not make any representation that the information contained here is available to or appropriate for Users in other locations.
The laws of the state of California govern this agreement, and the same laws will govern any contract between us and you related to the use of Services or otherwise, as well as any non-contractual obligations that may result from these Terms or any related contract."
"Some of these Terms will continue to be in effect even after your account is terminated. These include:
"We adhere to the same intellectual property laws that we expect our Users to abide by. Under the Digital Millennium Copyright Act (DMCA) Title 17, United States Code, Section 512(c)(2), we aim to respond efficiently to claims of copyright infringement against Services. If you feel that your copyright(s) have been violated by Sleepspace or its Users, you should send us a notice in which you:
This information should be sent to our designated copyright agent at Support@DreamSleepApp.com"
"We constantly improve our Services through research. By using our services, you consent to be part of our ongoing research.
Our mission is to achieve the greatest good, which we define as best sleep for most Users. The objective of our AI experimental system has equal weight on three measures of the success:
We designed all new experimental service features to achieve one or more of these objectives.
We discontinue features that don’t work to further our mission objectives outlined above, especially features that we see are causing harm, i.e., worsening the sleep score measure for the average User, or any particular sub-group of people, even though they may be improving sleep on average for all Users.
By using this service, you consent to participate in such experimental trials. Please note that we will never sell your information to any third party without your consent, or share your information unless we are legally obligated."
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Any links to our site must be provided in a fair and legal way that does not damage or take advantage of our reputation. You must not establish a link that in any way suggests any form of association, approval or endorsement on our part if none exists. Our site must not be framed on another site. If you wish to use any material or content from our site, you must have our written consent.
We sometimes include links to other websites on this site. These links are provided for your convenience to provide further information and are not an endorsement of the websites. We are not responsible for the content of the linked websites.
Unless you opt-out of the Arbitration clause (see Arbitration Notice), you agree that you and Sleepspace are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
The American Arbitration Association (“AAA”) will administer the arbitration under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, unless when they are modified by these Terms. The interpretation and enforcement of this Section will be governed by the Federal Arbitration Act. You can learn more about AAA rules by visiting www.adr.org or by calling the AAA at 1-800-778-7879.
The party initiating the arbitration must first give a written Demand for Arbitration as per AAA rules. The arbitrator will be of sound legal knowledge and experience and will be selected from AAA’s roster by both parties. The AAA will appoint the arbitrator if both parties fail to decide upon one within 7 days of delivery of the Demand for Arbitration.
For any claim less than $10,000, both parties may agree to resolve the dispute through binding non-appearance-based arbitration. If an in-person hearing is required by the arbitrator, you, or Sleepspace, then the proceedings will be located in the county where Sleepspace operates.
By agreeing to these terms, you agree to release Sleepspace, its officers/employees/directors/agents from claims or demands of personal injury, emotional distress, property damage, physical damage, and death that may arise directly or indirectly from:
By agreeing to these Terms, California residents waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Users have the option to delete their accounts at any time. By choosing to delete your account, you understand and agree that all associated data and content will be permanently removed. It is your responsibility to ensure that you have backed up any necessary information before initiating the account deletion process. In the event that you have an active subscription, please be aware that you must cancel the subscription separately through the designated platform (e.g., Play Store or Appstore) before deleting your account to avoid any further charges. Deleting your account without canceling your subscription will not automatically stop the subscription. We reserve the right to suspend or terminate accounts that violate our terms of service.
You can contact us at support@DreamSleepApp.com
The provider of the Services is Social Emotive Labs, LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer the Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
This Agreement, together with any amendments and any additional agreements you may enter into with Proof in connection with the Service, shall constitute the entire agreement between you and Proof concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.