Terms and Conditions For Sleep Spark
Please read these terms and conditions carefully before using Our Service. These terms and conditions are effective as of April 15, 2023.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
· Application means the software program provided by the Company downloaded by You on any electronic device, named Sleep Spark
· Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Country refers to: Ohio, United States
· Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Sleep Spark Inc. P.O. Box 511 Canal Winchester, OH 43110, U.S.A.
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
· In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
· Service refers to the Application or the Website or both.
· Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
· Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
· Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
· Website refers to Sleep Spark, accessible from https://sleep-spark.com
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are 18 years or older or the age of majority in your province, territory, or country, to sign up as a registered user of our Service. The Company does not permit those under 18 to use our Service. By accessing our Service, you acknowledge and consent to listening to adult-oriented material.
You agree that the intended use of the Service is to induce relaxation and sleep through the use of self-hypnosis and relaxation techniques. Therefore, You agree not to use the Service while driving any type of vehicle, operating any machinery, or while doing anything that requires your attention for safety reasons. You agree to find a safe place to listen to the Service.
You acknowledge and agree that to enjoy our Service via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found in your App Store marketplace.
As part of your use of our Service, You agree to the storage and processing of your personal information in the United States, including the storing and processing of your personal information in the United States for the purpose of processing payments. Our Company does not keep your payment information on file. Your payment information remains in your App Store or Google Play Store. By using our Service, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage, and use of certain personal information.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it through your App Store/Google Play Store or the Company cancels it.
You may cancel Your Subscription renewal through your Application Store or Google Play Store. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You agree to contact your Application Store or Google Play Store for directions about how to cancel Your Subscription. You agree to direct any questions or concerns regarding Subscription renewals or cancellations to your Application Store or Google Play Store.
You shall provide your Application Store or Google Play Store with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. You agree to keep your payment method up-to-date in your Application Store or Google Play Store.
Should automatic billing fail to occur for any reason, You agree to the current policy of your Application Store or Google Play Store. All billing is handled by the Application Store or Google Play Store and is governed by the Application Store's own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
If the Subscription has been made through an In-app purchase, Your Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting your Application Store or Google Play Store directly. You agree that Your Application Store or Google Play Store’s terms and conditions as well as their policy regarding refunds apply.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. You understand and acknowledge that in order to receive your Free Trial of Sleep Spark Premium you must complete your “Sleep Spark Streak,” which is defined as listening to the Free Version of Sleep Spark for 7 consecutive days for at least 20 minutes.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact Your Application Store or Google Play Store directly. If you would like to cancel your subscription you must cancel through your account settings in your Application Store according to the current process outlined by the App Store or Google Play Store.
You may access our Premium Service via a monthly, annual, or lifetime subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Our monthly subscription is paid in monthly installments and for each month that your subscription is active, You acknowledge and agree that our Company is authorized to charge the same credit card as was used for the initial subscription fee or whatever card you have as your active and primary card on file within Your Application Store or Google Play Store. The monthly renewal subscription fees will continue to be billed to the payment method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee for the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our yearly subscription is paid for by an upfront payment with automatic monthly renewals thereafter. You acknowledge and agree that our Company is authorized to charge the same credit card as was used for the initial subscription fee or whatever card you have as your active and primary card on file within Your Application Store or Google Play Store. You agree to continue to be charged the regular monthly rate unless you renew your yearly subscription or cancel before your yearly subscription ends. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
Our lifetime subscription is paid for by one upfront payment with no further automatic renewals. You acknowledge and agree that our Company is authorized to charge the card you provide this one-time fee which provides you access to a lifetime subscription of our Premium Service. You acknowledge that You can cancel your subscription at any time and that refunds cannot be claimed for any partial subscription period.
Our Company may suspend or terminate your use of our Service at any time as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying, download, or use of our audio content from our Service.
You agree not to use our Service for any purposes related to scientific research, analysis, or evaluation of the Service without the express written consent of our Company.
You agree not to impersonate any other person while using our Service, conduct yourself in an offensive manner while using our Service, or use our Service for any illegal, immoral, or harmful purpose.
You agree not to upload, post, e-mail or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with our Service or our Service itself. You agree not to interfere with the servers or networks underlying or connected with Our Service. You may not access our Service in an unauthorized manner.
By breaching any of our Terms and Conditions you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. If the event of such a breach, your right to use our Service will cease immediately.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. You may not copy, modify, sell, transfer, create plagiaristic works from, or exploit any data, content, or code from our Service. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. All intellectual property, trademarks, logos, company name, and images are the property of the Company. You cannot copy, use, alter, or remove any of our intellectual property. We reserve the right to enforce our Trademark rights to the fullest extent of the law.
Any User Material including comments, questions, feedback, suggestions, images, e-mails, texts, videos, posts, or materials that you submit to us will be treated as non-confidential and non-proprietary. We reserve the right to use, copy, edit, and make changes to our Service based on Your User Material.
You agree that we do not need to provide You or any third party any response, acknowledgement of receipt, attribution, or compensation for any User Material you submit to us verbally, via e-mail, via mail, via phone, via text, via social media posts, via online reviews, or via the feedback section of our Service.
The Company assumes no responsibility for your User Material and shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your User Material. You acknowledge that others may duplicate material found online about our Service, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify our Company and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
Any inquires, suggestions, ideas, feedback, or other information which is not part of Your use of our Service or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, e-mailing, posting, or otherwise submitting Submissions to our Company you grant, and you represent and warrant that you have the right to grant, to our Company an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money of any other form of consideration to You or to any third party. You also acknowledge that your Submissions will not be returned to You or to any third party and that our Company has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that You own or otherwise control the rights to Your Submission. You agree to indemnify Our Company and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Indemnity By You
You agree to defend, indemnify, and hold Our Company and its directors, officers, members, investors, managers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of our Service, (ii) Your placement or transmission of any message, content, information, software, or other Submissions through Our Service, (iii) any third-party claims of bodily injury, death, or damage for real or tangible personal property caused by your negligent or more culpable acts or omissions related to Your use of the Service; or (iv) Your breach or violation of the law or these Terms. Our Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our Company defense of such claim.
When using Our Service, You agree to transact with us electronically, and that communication with us be mainly electronic. We will contact you by e-mail or provide You with information by posting notices on our Website. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information, and other communication that we provide to you electronically comply with any legal requirement that such communications be in writing.
You can also contact us via email at email@example.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable to You, Your heirs, or assigns or to any third party for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, emotional triggers or distress, loss, death, damage, bodily injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or that You cause to any third party in connection with Your use of our Service or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In addition, You agree that the Company will not be liable for faulty operation of computers or other electronic devices during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by You not being received by the Company or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control). You also agree that the Company will not be liable for any loss or damage due to viruses or other malicious software that may infect Your device, computer equipment, software, data or other property caused by You accessing, using, or downloading from Our Service, or from transmissions or communications via email or attachments received from Our Company. You also agree that the Company will not be liable for any use of websites linked to our Service but operated by third parties.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
We are not a healthcare or medical provider and our Service should not be considered medical advice or therapy. Only your physician or other health care provider can provide you with healthcare. Always consult your physician or other health care provider before making any changes to your treatment.
While there is research showing that relaxation and self-hypnosis can be beneficial for relaxation and sleep, we make no claims or guarantees that our Service provides a physical, emotional, or therapeutic benefit. Furthermore, If You have reason to believe that any of our adult content may be emotionally triggering or distressing, You agree to seek the advice of your healthcare provider or therapist before using our Service.
While self-hypnosis is safe for most people, some people experience headaches, drowsiness, dizziness, anxiety, upset stomach, or the creation of false memories as a result of self-hypnosis. Some disorders such as anxiety, schizophrenia, psychosis, delusional disorder, conversion disorder, personality disorders, dissociative identity disorder, alcohol use disorder, substance use disorder, psychiatric disorders which include suicidal thoughts, dementia, hallucinations, asthma, narcolepsy, serious heart conditions, high or low blood pressure, and epilepsy are contraindicated for self-hypnosis. You acknowledge that for these disorders or conditions self-hypnosis may worsen symptoms. If You or anyone you are sharing our Service with has any of these disorders or conditions you agree to seek the advice of your physician or other health care provider before using our Service.
You acknowledge that we have advised you of the potential risks and contraindications for using our Service.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. If you notice an error in our Service, please e-mail us at firstname.lastname@example.org We will review your concern and if we find it necessary we will correct the error. You agree to any temporary suspension of access to our Service while we address any errors. During this time you agree that Your Subscription fees still apply and that you will contact your Application Store or Google Play Store if you would like to cancel your service.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of Delaware in the United States, except in cases they are preempted by the U.S. federal law, shall govern these Terms and Your use of the Service as well as any disputes arising out of or relating to these Terms. Your use of the Application may also be subject to other local, state, national, or international laws. You are responsible for understanding and abiding by your local, state, national, or international laws with respect to Your use of our Service. If the content in our Service is banned in your Country or Region You agree not to download or subscribe to our Service.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via e-mail at email@example.com. Please allow 5-7 business days for a reply. All disputes relating to our Terms or the use of our Service that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis. Disputes must not be combined with any other disputes, cases, or parties. Arbitration will be initiated by You through the American Arbitration Association (“AAA”) and conducted by a neutral arbitrator. The AAA Consumer Arbitration Rules will govern the arbitration and the award of the arbitrator is final and binding between You and the Company. AAA can be contacted at 1-800-778-7879 or online at www.adr.org. You agree to incur all costs of the arbitration through the AAA and to performing all arbitration meetings online via video conference.
The exceptions to arbitration are disputes in which either party seeks relief for the alleged unlawful use of copyrights, logos, trademarks, trade names, trade secrets, or patents. Where permitted by law, You and the Company agree that each may bring claims against the other in Your or Our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. You agree that disputes occurring after cancellation of Your Subscription of our Service are still subject to all of our terms and conditions.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Right of revocation
If you are a EU consumer, you shall be entitled to revoke this contract within fourteen (14) days without giving any reason for doing so.
The deadline for revocation shall be fourteen (14) days from the date on which this contract has been concluded.
In order to exercise the statutory right of revocation, you must notify us (Sleep-Spark.com, LLC, P.O. Box 511, Canal Winchester, OH 43110, U.S.A., e-mail: firstname.lastname@example.org) of your decision to revoke this contract in a clear declaration (e.g. by sending us a letter by mail or e-mail). You may use the revocation form template attached for this purpose; however, this is not obligatory. The revocation deadline shall be considered as met if you send the communication concerning the exercise of the right of revocation before the expiry of the deadline.
Consequences of your revocation
If you revoke this contract, we must reimburse any payments we have received from you, including delivery costs (excluding any additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your revocation of this contract. We will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund.
To make use of your right of revocation you may use the following, non-obligatory revocation form template:
Revocation form template
(If you wish to revoke the contract complete and return this form)
· To Sleep Spark Inc. P.O. Box 511, Canal Winchester, OH 43110, U.S.A.
– I/We(*) hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following goods (*) / provision of the following service (*)
· Ordered on (*)/received on (*)
· Name of the consumer(s)
· Address of the consumer(s)
· Signature of the consumer(s) (only when sent by message on paper)
(*) Delete as applicable
End of revocation instruction
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
· By visiting this page on our website: https://sleep-spark.com
These Terms are effective and were last updated on April 15, 2023.