Last Update: December 15, 2024

Hi! We are KIMOTO LLC (“sleepgene”, “We”, “Us”). Thank you for taking the time to read these Terms of Service.

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

When you first access the App, you will be prompted to read and accept both our Terms of Service and our Privacy Policy. Your use of the App and the handling of your data are regulated by these two documents. If you do not agree to them, you may not use the App.

Privacy

We take your privacy very seriously. The rules governing your privacy and the use of your data are described in our Privacy Policy.

Use of the Service

Account
You may use the App without creating an account. However, certain features (such as syncing data across devices) require you to sign up for an account, select a password, and provide certain personal information, including a valid email address. You must provide accurate, complete, and up-to-date registration information. You may not use contact information that you do not have the right to use or impersonate another person. You may not transfer your account to anyone else without our prior written permission.

Commercial and Legal Use
You will use the App solely for your personal, non-commercial use and in compliance with all applicable laws. If your use of the App is prohibited by law, you are not authorized to use it. We are not responsible if you use the App in a manner that violates any laws.

Account Security
You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. Do not share your password or account with anyone else.

Responsibility

Content on the App
Any information or content that is posted publicly or transmitted privately through the App is the sole responsibility of the user who provides it. You access, save, publish, share, and use all such information at your own risk. We are not liable for any errors, omissions, damages, or losses arising from such content. We have no obligation to take any action regarding how you interpret or use the content you encounter on the App. You release us from all liability related to content acquired through the App. We cannot guarantee the identity of any user you interact with and are not responsible for users who gain access to the App.

Submitted Content
You are responsible for all content you contribute to the App and represent that you have the rights to do so. You control what you upload, store, delete, publish, and share. Be mindful of any sensitive content you submit.

Links to Third-Party Websites or Services
Our Services may contain links to third-party websites or services not owned or controlled by sleepgene. We assume no responsibility for the content, accuracy, privacy policies, or practices of these third-party entities. By using our Services, you release us from any liability arising from your use of any third-party website or service.

Disputes
If a dispute arises between users or between a user and a third party, you agree that sleepgene is under no obligation to become involved. You release us from any claims or damages arising from such disputes.

Availability and Purchases

You acknowledge that the availability of our App depends on third-party app stores (“Stores”) from which you download it. These Stores have their own terms and conditions, which you must agree to before downloading the App. Your license to use our App is conditioned upon your compliance with those terms. If Store terms conflict with these Terms of Service, the more restrictive or conflicting terms herein apply.

Subscriptions
When purchasing a subscription (“Subscription”), you will be billed in advance on a recurring basis (“Billing Cycle”)—monthly or annually, depending on the selected plan.

Your Subscription will automatically renew at the end of each Billing Cycle under the same conditions unless you cancel it or we cancel it. You may cancel renewal at least 24 hours before the renewal date through your device settings. After this period, the Subscription fee for the next Billing Cycle will be charged.

Payment
A valid payment method (e.g., a credit card) is required. All in-app purchases, including Subscriptions, are processed through the Store from which you downloaded the App. We do not handle or store your payment information.

Free Trials
We may offer free trial periods at our discretion. If you sign up for a free trial, you will not be charged until the free trial ends. Unless you cancel before the trial expires, you will be automatically charged the applicable Subscription fees on the last day of the trial.

We may modify or cancel free trial offers at any time without notice.

Fee Changes
We may change Subscription fees at our discretion. Such changes will apply at the end of the current Billing Cycle. We will provide reasonable notice. If you do not consent to the updated fees, your Subscription will not renew and will terminate at the Billing Cycle’s end.

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

Termination

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

Termination by Us
We may suspend or terminate your access to the App due to fraud or breach of these Terms without notice.

Contractual Clauses

Limitation of Liability
In no event shall sleepgene, its creators, or developers be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to, use of, or inability to use the App

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

• Any content obtained from the App

• Unauthorized access, use, or alteration of your transmissions or content
  This applies even if we have been advised of the possibility of such damage.

Disclaimer
Your use of the App is at your sole risk. The App is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. We do not warrant that the App will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee that the App is free of viruses or that results will meet your requirements.

Changes to These Terms

We may revise these Terms of Service over time. If we do, we will notify you by posting a notice on the Website or contacting you through other available means. If you continue to use the App after the changes become effective, you agree to the revised Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

Contact Us

If you have questions about these Terms of Service, please contact us at info@getsleepgene.com.

KIMOTO LLC is a United States company registered in Washington, U.S.