Last amended and updated 14 April 2016
Welcome to the SleepCast application (the "App"). This App is published by Sleepcast Ltd ("SleepCast", "We" or "Us") a company registered in England and Wales under company number 9297993 whose registered office is at 14 Austin Friars, London EC2N 2HE.
If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 10 of these Terms.
LIMITED LICENCE: SleepCast grants you a limited, non-exclusive, non-transferrable, revocable licence ("Licence") to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the Google Play and Apple App Store Terms of Service.
If you do not agree with these Terms, you should stop using the App immediately.
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as "Applicable Laws"). You agree that when using the App you will comply with all Applicable Laws and these Terms. You agree to indemnify SleepCast in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
You must be a human being over the age of 13 years to download or access the App. If you are above the age of 13 but younger than the legal age to enter into a binding contract of the territory in which you are a citizen or reside then a parent or guardian must enter into this Licence on your behalf and will be responsible for ensuring appropriate use and liable for any in-app purchases or other fees.
You are responsible for any use or misuse of the App and for any costs, fees, damage or liability incurred by any use of the App downloaded or accessed under your Licence whether incurred or caused by you or not.
The look and feel of the App is protected by copyright ©2016 Sleepcast Limited. All rights reserved. The copyright in the source code, software compilations and other material contained on, in, or available through the App is owned by or licensed to Sleepcast.
You must not disassemble, de-compile, reverse engineer, duplicate, copy, or reuse any portion of the code or visual design elements without express written permission from SleepCast.
You must not modify, adapt or hack the App or modify another website so as to falsely imply that it is associated with the App or SleepCast.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App without the express written permission of SleepCast.
The trademarks, service marks, and logos ("Trade Marks") contained on or in the App are owned by SleepCast or third parties. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of SleepCast or the relevant third party.
THE APP IS SOLELY FOR PERSONAL ENTERTAINMENT USE. NO RELIANCE OF ANY SORT SHOULD BE PLACED ON ITS FUNCTIONING IN WHOLE OR PART AND SLEEPCAST ACCEPTS NO RESPONSIBILITY OF ANY SORT FOR THE PARTIAL OR COMPLETE NON-FUNCTIONING OF THE APP OR ANY INTERNET SERVICE OR EQUIPMENT OR SERVICE USED TO PROVIDE ITS FUNCTIONALITY; IT IS TO BE USED ENTIRELY AT YOUR OWN RISK.
THE APP IS PROVIDED ON AN "AS IS" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW: SLEEPCAST DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE OF ANY SORT WHETHER DIRECT OR CONSEQUENTIAL ARISING FROM OR RELATED IN ANY WAY TO THE USE OF OR EXISTENCE OF THE APP. THIS INCLUDES ANY CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL CLAIM AND INCLUDES ANY IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE THE APP (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE).
THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY WARRANTY, TERM, OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE.
SLEEPCAST WILL NOT BE HELD RESPONSIBLE FOR ANY TECHNICAL FAILURE, WHETHER OF THE APP OR OTHERWISE, OR DAMAGE OR INJURY ARISING IN RELATION TO THE USE OF THE APP.
YOU ACKNOWLEDGE THE EXCLUSION OF ANY SUCH LIABILITY ON THE PART OF SLEEPCAST AND AGREE TO WAIVE ANY RIGHTS YOU HAVE IN THIS REGARD THAT ARE IN LAW CAPABLE OF BEING WAIVED.
STATUTORY RIGHTS ARE NOT AFFECTED. NOTHING IN THESE TERMS SHALL BE CONSTRUED AS EXCLUDING OR LIMITING THE LIABILITY OF SLEEPCAST FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY ENGLISH LAW.
ANY LIABILITY ON THE PART OF SLEEPCAST, DIRECT OR INDIRECT AND HOWEVER ARISING, SHALL BE LIMITED TO £5 (FIVE POUNDS STERLING) OR THE SUMS PAID BY YOU FOR THE APP AND ON IN-APP SPENDING, WHICHEVER IS THE GREATER.
SleepCast reserves the right to suspend or cease providing any services relating to the app, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
The App may contain links to websites operated by third parties ("Third Party Websites"). SleepCast may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, SleepCast does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
Further, SleepCast is not responsible or liable, directly or indirectly, for the privacy practices and content of such websites (including any defamatory or misrepresentative matter), nor any advertising, products or other materials or services available on or via such websites or resources, nor for any damage, loss or offence suffered in connection with, the use of or reliance upon any such content, goods or services available from such external sites or resources.
SleepCast accepts no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not SleepCast, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
SleepCast may offer technical support for the App ("Support") at its absolute discretion. In any event Support will only be given to verified users of the App. Support will be provided by email only and may not result in the resolution of technical issues. SleepCast reserves the right to withdraw Support of any current and previous versions of the App.
These Terms (as amended from time to time) constitute the entire agreement between you and SleepCast concerning your use of the App. SleepCast reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page at the website www.sleepcast.me or successor site in the event of any change to name, website or operation of the App.
You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of SleepCast.
The App is currently provided free of charge. SleepCast reserves the right to offer in-app purchases for a fee and other additional enhanced features available for a fee. SleepCast reserves the right to introduce a new fee-based version of the App at any point in the future and discontinue support for this version.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. SleepCast’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SleepCast in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and SleepCast.
You can contact the SleepCast team at Sleepcast Ltd, 14 Austin Friars, London EC2N 2HE, email: email@example.com
Last amended and updated 9 April 2016
SleepCast reserves the right to update this Policy from time to time. If it does so, the updated version will be effective immediately, and the current Policy is available through a link in the App to this page. You are responsible for regularly reviewing this Policy so that you are aware of any changes to it and you will be bound by the new policy upon your continued use of the App. You can find the most recent version of this Policy at http://www.sleepcast.me/pages/legals.html#privacy
This Policy does not cover any collection, use or disclosure by third parties through any applications, web sites, products or services that we do not control or own, or any third party features or services made available via the App or the Website.
Personal Information: "Personal Information" is information that identifies you or another person, which may be transmitted or received when you use the App and/or the Website. We may collect Personal Information about you (such as your name and email address) when you interact with us such as when you report a problem, contact or communicate with us. We do NOT collect other Personal Information.
Non-Personal Information: "Non-Personal Information" is information that does not identify you or any other individual, and includes Log Data and Aggregate Information:
Personal Information: We may use your Personal Information to respond to you when you report a problem, contact or communicate with us. We may also use your Personal Information to contact you to inform you of changes to the App or Website: you can opt out of these communications using the 'unsubscribe' link on these emails. We do not combine Non-Personal Information with Personal Information (such as combining your email address with your unique User Device number) except internally when you report a problem.
Non-Personal Information: We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the App and the Website; and for promotion and marketing purposes.
Personal Information: In certain circumstances which we may share your Personal Information with certain third parties without further notice to you:
We may also disclose your Personal Information if required or permitted by law.
Non-Personal Information: We may disclose Non-Personal Information for any purpose.
In general, the App and the Website access third-party information through application interfaces. We may provide links to third-party web sites, as a service to our Users. The App and the Website may also carry advertisements from other companies. When you click on links of third parties in the App or the Website, you may leave the App or the Website. Some of these third party sites may be co-branded with our name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of web sites operated by third parties, whether they are linked to or otherwise accessible from the App or the Website. The inclusion of a link or accessibility of third party web sites does not imply endorsement of such third party web site by us. We shall not be liable for the collection, use and disclosure of your Personal Information by any third parties.
Although we collect only the Personal Information noted above, the App and the Website use third party services which may do so. These services are:
SleepCast is very concerned about safeguarding the confidentiality of your information. We employ administrative, physical and electronic measures designed to protect your Personal Information and Non-Personal Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is impenetrable or absolutely guaranteed to avoid unauthorized access or use of your Personal Information and Non-Personal Information. We are not responsible for third party circumvention of our security measures.
Personal Information and Non-Personal Information may be stored and processed in any country where we have facilities, and by using the App, the Services or the Website you consent to the transfer of your Information to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Information being transferred or used as described in this Policy, please do not use the App or the Website and immediately delete the App from your User Devices.
We do not disclose your Personal Information to third parties for the third parties' direct marketing purposes, unless you first affirmatively agree to that disclosure.
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. If you would like more information with respect to your privacy rights under California law, you may contact us at the contact point below. Please reference your request as "California Disclosure Information."
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through the App or the Website or otherwise to us.
You can contact the SleepCast team at Sleepcast Ltd, 14 Austin Friars, London EC2N 2HE, email: firstname.lastname@example.org