Terms Of Service

Last update: 07/19/2023

Hi! We are Sleepgene Inc. (“Dream Insight”, “We”, “Us”). Thank you for taking the time to read this document.

These Terms of Service govern your use and access to the mobile application Dream Insight (the “App”) and the website www.getsleepgene.com (the “Website”), collectively referred to as the “Services”.

When first accessing the App, you will be prompted to read and accept our Terms of Service and Privacy Policy. The usage of the App and the processing of your data is regulated under those two documents, and you can’t use the App without expressly consenting to those two documents.

  1. Privacy We take your privacy very seriously. The rules that govern your privacy and the use of your data are detailed in the Privacy Policy.

  2. Usage of the Service

    • Account You can use the App without registering for an account. However, if you want to use certain features (such as synchronizing data between devices), you may be required to sign up for an account, select a password, and provide us with certain personal information, such as your email address. You must provide us with true, accurate, complete, and updated registration information about yourself. You may not enter contact information that you do not have the right to use or another person’s contact information with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

    • Commercial and legal use You will only use the App for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the App is prohibited by applicable laws, then you aren’t authorized to use it. We can’t and won’t be responsible for you using the App in a way that breaks the law.

    • Account security You will not share your account or password with anyone, and you must protect the security of your account, password and any other access tools or credentials. You are responsible for any activity associated with your Dream Insight account.

  3. Responsibility

    • Content on the App Any information or content publicly posted or privately transmitted through the App is the sole responsibility of the person from whom such content originated, and you access, save, publish, share, and use all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content. You hereby release us from all liability for you having acquired or not acquired content through the App. We can’t guarantee the identity of any users with whom you interact in using the App and are not responsible for which users gain access to the App.

    • Submitted content You are responsible for all content you contribute, in any manner, to the App, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. In particular, you, in your own capacity, select what you upload, store, delete, publish, and share on the App. You must be fully conscious of any sensitive content that you may upload on the App.

    • Links to third-party websites or services Our Services may contain links or connections to third-party websites or services that are not owned or controlled by Dream Insight. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Dream Insight is not responsible for such risks. Dream Insight has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party websites or by any third party that you interact with through our Services. By using our Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.

    • Disputes If there is a dispute between participants using our Services, or between users and any third party, you agree that Dream Insight is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Dream Insight and its creators from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and / or our Services.

  4. Availability and Purchases

    • You acknowledge and agree that the availability of our App is dependent on the third-party stores (“Stores”) from which you download the application. The Stores have their own terms and conditions to which you must agree before downloading mobile applications from such Stores. You agree to comply with, and your license to use our App is conditioned upon your compliance with, such Stores terms and conditions. To the extent such other terms and conditions from such Stores are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.

    • Subscriptions When purchasing a Subscription, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

      At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Dream Insight cancels it. You may cancel your Subscription renewal in your device settings, at least 24 hours before the renewal date. After this time, the amount of the subscription is due.

    • Payment A valid payment method, including credit card, is required to process the payment for your Subscription. All In-App Purchases, including Subscriptions, are done through the third-party store from which you downloaded the application (Apple iTunes service for iOS). Payment information is managed by these Stores and is neither transmitted to nor stored by Dream Insight.

    • Free trial Dream Insight may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If you sign up for the Free Trial, you will not be charged by Dream Insight until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled 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, Dream Insight reserves the right to modify the terms and conditions of the Free Trial offer, or cancel such Free Trial offer.

    • Fee changes Dream Insight may, in its sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Dream Insight will provide you with reasonable prior notice of any change in Subscription fees. If you do not explicitly consent to the new Subscription fees before the renewal date, your Subscription will not renew and will be terminated.

    • Refunds Except when required by law, paid Subscription fees are non-refundable.

  5. Termination

    • Termination by you You may cancel a Subscription at any time. Cancellation is effective at the end of the current Billing Cycle. You may cancel your Subscription renewal either through your account management page or by contacting us at info@getsleepgene.com.

    • Termination by us We may suspend or terminate your use of the App as a result of your fraud or breach of any obligation under these Terms of Service. Such termination or suspension may be immediate and without notice.

  6. Contractual clauses

    • Limitation of liability

      In no event shall Dream Insight, nor its creators and developers, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

      • your access to or use of or inability to access or use the App

      • any conduct or content of any third party on the App

      • any content obtained from the App; and

      • unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

    • Disclaimer

      Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

      Dream Insight and its creators do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

    • Change to terms

      We’re constantly trying to improve our services, so we may need to change these Terms of Service from time to time, but we will alert you to any such changes by placing a notice on the Dream Insight website, by sending you an email or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your usage of the App, and you are still responsible for reading and understanding them. If you use the App after any changes to the Terms of Service have been posted, that means you agree to all of the changes.

    • Governing law

      These Terms shall be governed and construed in accordance with Swiss law, without regard to its conflict of law provisions.

    • Contact

      If you have any question regarding these Terms of Service, do not hesitate to contact us at info@getsleepgene.com.

    sleepgene Inc. is an United States company whose legal address is , Washington, United States.