This document (the “Agreement”) is a legally binding agreement between you and Big Health Inc, a company registered in the United States, and/or Big Health Ltd, a company registered in England and Wales under number 06780612, and its subsidiaries (“Big Health”), that governs your use of the online and mobile services associated with Sleepio, including but not limited to, www.sleepio.com and all associated subdomains (the “Website”), and the Sleepio mobile application (“App”).
For ease of reference, all of the features and functionality of both the App and the Website, together with all of its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System".
One component of the System is the self-help sleep improvement program with associated expert articles, tools, and online community (the “Sleepio Service”). All terms governing the System also apply to the Sleepio Service. The System and the Sleepio Service are both owned and managed by Big Health.
Please note that you must read and agree to the terms and conditions of this Agreement before you use the System and/or the Sleepio Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the System nor may you use the Sleepio Service.
The terms “we”, “us”, “our” and “ours” when used in these terms mean Big Health, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Big Health. The terms “you”, “your” and “yours” when used in these terms mean any user of the System.
You acknowledge and agree that the Sleepio Service is a personalized self-help system designed to help you improve your own sleep and that if you choose to access the Sleepio Service you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that the Sleepio Service is not intended to diagnose, treat or otherwise address any medical problem and the material on the System, whether posted by Sleepio employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the System then the former should take precedence.
Certain content and features of the System are only available to individuals who pay an applicable fee or have the fee paid for by their employer or insurance plan (“Paid for Services”). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and Sleepio Service in respect of which you have paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.
All prices stated on the Website are inclusive of applicable taxes and fees. Sleepio may change the prices of Paid for Services from time to time. Any price change will be published on the Website. You understand that only you may use your user account, and that your subscription to any Paid for Service is only valid for your own personal, non-commercial use and may not be shared with others.
Certain subscriptions to Paid for Services, where the term of subscription is either a week, or a month, are automatically renewed on a weekly, or monthly basis respectively (“Repeating Subscription”). Payment for a Repeating Subscription will be taken automatically by Sleepio from you in advance for the coming subscription’s term. We will ask for your consent before any such Repeating Subscription is initiated, and you may cancel any Repeating Subscription set up via the Website from your Account page at any time.
Payments made via the Website are processed securely via PayPal. We do not store credit card details. You represent that you are the owner, holder and authorized user of the credit or debit card or PayPal account specified by you and you agree that we are authorized to take payments from your account as and when they become due. Payments made via the Apple App Store will be handled directly by Apple.
We reserve the right to change the subscription fee and billing methods at any time and shall notify you of all such changes prior to the renewal date when changes are to be implemented. Your continued use of the System and Paid for Services shall constitute acceptance of such changes.
If you have purchased a subscription to any Paid for Service from the Website you have the right to cancel your purchase and receive a full refund up to the price you paid for the service entitlement within 14 days of creating a Sleepio user account. After the 14 day period has elapsed, given the immediate nature of access to Paid for Services, you no longer have the right to cancel your purchase or receive a full or partial refund.
If you wish to claim a refund for a payment made via the Website, you must inform us in writing by sending an email to the below address stating the reason for the refund. You must include your email address, full name and date of purchase. Following receipt of your refund request, and on condition that you qualify for a refund under the terms of this Agreement, Sleepio will send you an email confirming approval of the refund, following which payment shall be made within 30 days. Refunds will only be made to the card or PayPal account used in the original transaction. Once a refund has been made for a Paid for Service you will no longer have rights to access the content and features of that service, card or PayPal account used in the original transaction. Once a refund has been made for a Paid for Service you will no longer have rights to access the content and features of that service.
Requests for refunds for purchases made through the Apple App Store are handled directly by Apple and must be submitted via the App Store.
Big Health reserves the right to vary this Agreement from time to time by amending this page. Any material amendments intending to bind an existing user of the System shall become effective after notification has been displayed for 30 days on such user’s account settings page.
You are urged and advised to seek the advice of a doctor before beginning any sleep improvement program. If you are concerned about your sleep problem, or if you frequently struggle to stay awake during the day, or if you are pregnant, or if you fall asleep during the daytime without intending to, or if you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious in making any changes to your sleep pattern if you have any serious mental health condition including (but not limited to) depression, bipolar disorder or schizophrenia. Likewise, be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. If you feel excessively sleepy during the day for any reason do not take risks in driving or operating machinery or other equipment. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
Professor Colin Espie is responsible for health information provided on the System and contained within the Sleepio Service. Care has been taken to confirm that the information presented by Professor Colin Espie and other authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
In order to access the Paid for Services, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
The System contains functionality that allows you to upload content in a public area (including, but not limited to, the online community). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in the public area.
The layout, design, content and graphics on the System and the Sleepio Service are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
The Sleepio logo and the name "Sleepio" are trademarks owned by Big Health. Any use, including, but not limited to, framing, meta tags or other text using the Sleepio logo or the Sleepio name or other trademarks displayed, is strictly prohibited without our prior written consent.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
The use of the System and Sleepio Service (including but not limited to their content and features) is at your own risk. The System is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Big Health gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or the Sleepio Service or to the accuracy of the information contained in any of the materials on the System or the Sleepio Service. Sleepio shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System. There is no guarantee of availability of information on the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Big Health shall create any warranty on behalf of Big Health in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
To the fullest extent applicable permitted by applicable laws, Big Health, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System or Sleepio Service, even if you have advised Big Health about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the System by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Big Health (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Sleepio Service.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
Big Health will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. Big Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within Big Health’s reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
Description of or reference to any organization, product, practitioner, publication or link to an external website does not imply endorsement by Big Health. Equally the omission of any such names does not necessarily indicate a lack of endorsement by Big Health.
Your correspondence or participation in promotions, or business dealings with advertisers found on or through the System, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any direct or indirect loss or damage of any sort, incurred, or alleged to have been incurred, as the result of any such dealings, or as the result of the presence of such advertisers on the System.
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Big Health. When you activate any of these you will leave the System and Big Health has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Big Health. Big Health does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold Big Health and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System (and all related materials) or any applicable laws, regulations or third party rights.
Big Health may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or Big Health. Big Health reserves the right to terminate this Agreement or suspend your Sleepio account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If Big Health terminates this Agreement, or suspends your Sleepio account, for any of the reasons set out in this section, Big Health shall have no liability or responsibility to you whatsoever, and Big Health shall not refund any amounts that you have paid.
The System is controlled by Big Health from its offices in the United Kingdom and the United States. Access to, or use of, the System, including the Sleepio Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or in connection with these terms and conditions or any such contract will be governed by the laws of the state of Delaware. The parties agree that the courts of Delaware have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 9 (Intellectual Property), Clause 13 (Limitation), Clause 16 (Indemnity), Clause 18 (Entire Agreement), Clause 19 (Severability and waiver) and Clause 21 (Governing Law and Disputes).
You can contact us via the following details:
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.