Welcome to Sleep Reset! These Terms of Use (“Terms”) govern your access to and use of the services offered by Sleep Reset, Inc., Sleep Reset Medical Group PA, Sleep Reset Medical Group of California PC (“we” or “us”) via Sleep Reset’s websites and apps (“Sleep Reset” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Sleep Reset, you agree to be bound by these Terms, our Privacy Policy, our HIPPA Notice, and our Cookies Policy and any other supplemental terms for the Service offerings that you access (collectively, the “Agreement”).
Our mission is to help people improve their sleep quality and develop better sleep habits through evidence-based methods. Our Service is designed to support sleep optimization, insomnia management, and overall sleep health improvement through behavioral change. To access most features of the Service, you must register for an account and have a valid subscription.
Sleep Reset is not for everyone. You cannot use the Service if you are under 18 years old. The Service should never be used as a replacement for recommended medical or mental health treatment. If we find that it's appropriate, you may be removed from the Service so that your condition may be managed by a licensed medical professional.
Based on what features you use, you may be required to create a public profile. We rely on you to provide accurate profile information but do not verify any information contained in other users' public profiles.
You may access personalized guidance through our sleep coaches and group discussions. These coaches are trained sleep specialists who provide support regarding your sleep-related issues and goals. Please note that we may engage or replace any Sleep Reset Coach with another coach without notice. Sleep Reset Coaches are not licensed medical professionals, and any information provided should not be interpreted as medical advice. Under no circumstances will any of your interactions with any Sleep Reset Coach create a physician-patient relationship.
As part of the Service, we maintain a sleep tracking system that contains a combination of sleep-related information entered by us and users. We don't verify the accuracy of all information added to the database, so please use your own discretion in assessing any recommendations.
We are not a licensed medical service provider, and any information provided by us should not be interpreted as medical advice or construed to form a physician-patient relationship. Be sure to talk to your doctor before starting Sleep Reset or any sleep improvement program. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE MEDICAL ATTENTION.
We may text you as part of the Service ("Sleep Reset Communications"). These communications are subject to the same detailed messaging terms as outlined in Sleep Reset's original TOS, including opt-out procedures and carrier charges.
Our Service is evolving. We may update the Service with or without notifying you. You understand that we are not liable for any modification, update, suspension, or discontinuation of any part of the Service.
The Service may include AI-powered features for sleep analysis and recommendations. You acknowledge that AI-generated content may sometimes be inaccurate and should not be relied upon for medical decisions.
You are responsible for everything you do under your account. Each account is personalized to you, so please don't share accounts or passwords.
You may be able to link your account with third-party applications or services (such as fitness trackers or smart devices). You are responsible for ensuring compliance with their terms and conditions.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service during your subscription period.
If you access the Service through an employer or health plan, additional terms may apply based on their respective agreements with Sleep Reset.
Sleep Reset allows you to post content, including sleep logs, comments, and other materials. Anything that you post is referred to as "User Content."
You grant us and our affiliates, successors, and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or later developed. You also grant each user of the Service a non-exclusive license to access your User Content through the Service as permitted through the functionality of the Service and under these Terms.
The rights you grant in this license are for the limited purpose of operating and improving the Service, promoting the Service, and allowing other users to use the Service in the manner permitted by these Terms. This license survives even if you stop using our Service.
Except with respect to your User Content, you agree that we own all rights, title, and interest in the Service. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.
Sleep Reset’s wordmark and logo, and all related graphics, logos, service marks, and trade names are the trademarks of Sleep Reset, Inc. and may not be used without our express written permission.
We love hearing from our members, and are always interested in learning about ways we can make Sleep Reset better. If you decide to share your comments, ideas, or feedback (“Feedback”) with us, then Sleep Reset shall have the right to use your Feedback in any manner, including, but not limited to, future enhancements and modifications to the Services. All such Feedback shall be owned exclusively by Sleep Reset, and you agree to assign all right, title and interest in and to such Feedback and related intellectual property.
We are not responsible for User Content submitted by other members and we do not have any obligation to proactively review or pre-screen User Content, but we may remove any User Content for any reason (or no reason) at our sole discretion. If you see User Content in violation of any of our policies, including our Community Guidelines, please report it to us here.
It is our policy to terminate access to the Service of any user who infringes copyright, trademark, or other intellectual property rights upon prompt notification to us by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please send: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf to our designated agent for notice of claims of infringement: help@thesleepreset.com.
(a) “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription, which may be measured in days, weeks, or months. If you sign-up for a subscription to the Service, your subscription term will be indicated at the time of sign-up.
(b) “day” or “date” begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day.
When purchasing your subscription to the Service, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings, such as add-ons, may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and availability, as indicated at the time of sign-up.
Your subscription to the Service may begin with a free trial or promotional pricing. Availability of a free trial or promotional pricing is not guaranteed and, if one is available, is only available on the specified terms of the free trial or promotion. Eligibility for free trials or promotions may vary and certain limitations may also exist with respect to combining free trials with any other offers.
(a) Free Trials. If your subscription begins with a free trial, your first payment will be charged to your chosen payment method immediately following the end of the free trial, unless canceled in accordance with the instructions for cancellation below. You can cancel your subscription without being charged at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular instances or jurisdictions.
(b) Promotions. We may also offer, in our sole discretion, promotions (e.g., promotional pricing or bundled add-ons) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends, unless you cancel prior to the end of your promotion or unless otherwise disclosed.
Your subscription to the Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless canceled in accordance with the instructions for cancellation below. You agree that you must cancel your subscription, as set out in Section 6.6 below, to avoid being charged for your next Billing Period. Payment will be charged to your chosen payment method. If indicated in the checkout flow, charges for the Service or an add-on may be prorated (e.g., for a partial month). You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g., if you have a monthly subscription and became a paying subscriber on March 31, your payment method would be billed next on April 30), due to free trials and other promotional offers, or if you make changes to your Service Tier or payment method. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
We reserve the right at any time to change our prices, refund policy, and billing methods, subject to any obligations to provide notice of such changes under applicable law. If you do not wish to accept a price change, you may cancel your subscription as described in Section 6.6. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.
You can cancel your subscription at any time before the end of the then-current billing period or free trial. Cancellation will take effect at the end of the then-current billing period or free trial period, as applicable, unless otherwise disclosed. If you cancel, then except as set forth in Section 6.7 below, you will continue to have access to the Service through the end of your then-current billing period, unless you are subscribed through a free trial or promotion, in which case cancellation may be effective immediately. If you modify your subscription to switch from one Service Tier to another Service Tier during your billing period, you may not have continued access to your original Service Tier. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged for the next billing period. We do not provide a refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. To cancel your subscription to the Service, log into your account and follow the instructions on your account page. If you subscribed via a third party (e.g., the Apple App Store or Google Play), please visit our support center here for instructions on how to cancel.
Unless you sign up through an App Store (as described in Section 6.9 below), you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal or other account of a payment method (“Payment Method”) as a condition to signing up for the Service. Your agreement with the provider of the Payment Method governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities with respect to the Payment Method. By providing us with your credit card number or PayPal account and associated payment information, you agree that we are authorized to immediately charge your Payment Method for all fees and charges due and payable to us hereunder, including any applicable taxes, and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder. We may also update your credit card details or other Payment Method information using information provided by our payment service providers. Following any such update, you authorize us to continue to charge the applicable method of payment. In the event of a failed attempt to charge to your Payment Method (e.g., if your Payment Method has expired), we reserve the right to retry billing your Payment Method. If we do not receive payment from your Payment Method for whatever reason, (a) you agree to pay all amounts due on your account upon demand, and/or (b) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your Payment Method for purchased Services until payment is received (and upon receipt of payment, your account will be activated and, for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will remain responsible for any amounts you fail to pay in connection with your subscription or any add-ons, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your subscription.
If you obtain a Sleep Reset subscription via a third party application store (e.g., the Apple App Store or Google Play) (each, an “App Store”), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party App Store, your billing relationship will be directly with the applicable third party App Store. Any fees charged for your subscription to the Service will be billed by the applicable third party App Store using the payment information you have provided to such third party App Store. To cancel a subscription to the Service obtained via a third party App Store, please follow the cancellation instructions set out by the applicable third party App Store or visit our support center here.
We may from time to time offer add-ons to Sleep Reset subscriptions, such as specialized coaching sessions. Add-ons may be subscriptions or may be offered on as a one-time purchase, subject to the terms disclosed during your sign-up for such add-on or in other materials provided to you regarding such add-on.
We may also from time to time make available tangible products for purchase. If you place an order for tangible products from us, then such order will be subject to our Terms of Sale.
For purposes of this section, “Sales Tax” means any state and local sales or use tax, value-added tax, levies, duties, or and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. Prices displayed exclude taxes. If any Service, or payments for any Service, under the Agreement are subject to any Sales Tax in any jurisdiction and we have not charged the applicable Sales Tax, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to make all payments of fees to us free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility. Upon subscription renewal, tax is subject to change in accordance with the prevailing tax rates, determined by the subscriber’s provided billing or home address.
In all other instances, all fees and charges assessed by us are non-refundable except as expressly promoted by Sleep Reset and to the extent that you qualify for such promotion.
To the extent we specify a Guarantee for any of our products, including without limitation, the Money Back Guarantee, the remedy stated in such guarantee shall be your sole and exclusive remedy.
You agree to indemnify and hold us harmless for any of the following: (a) Your use of the Service; (b) your User Content; (c) your violation of our policies; (d) your violation of any rights of another party, including any other members; and (e) your violation of any applicable law. You understand that the provisions in this section will survive any termination of your account, as well as any changes in our policies or Service.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This section does not affect in any way our return policy for tangible goods purchased through the Services, which are subject to the terms of our Terms of Sale.
(a) WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE PERMANENT, ACCURATE, OR RELIABLE.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THE PROVIDERS OF THE TELEHEALTH SERVICE AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY REGARDING THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
To the maximum extent permitted by law, Sleep Reset and its officers, employees, agents, partners, and suppliers will not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, goodwill, or other intangible losses
Specifically, no liability shall arise from:
a) Access to or inability to use the services
b) Conduct or content of any third party
c) Any content obtained from the services
d) Sleep-related outcomes or health consequences
e) Unauthorized access, use, or alteration of transmissions or content
Sleep Reset's total liability for all claims shall not exceed:
- The lesser of:
a) Amount paid to Sleep Reset in the past twelve (12) months
b) One hundred dollars ($100)
c) Minimum statutory damages required by law
Users acknowledge that Sleep Reset does not control data transfer over communications facilities, including the Internet. The service may be subject to limitations, delays, and other inherent communication problems. Sleep Reset is not responsible for damages resulting from such issues.
10.1 We care about the safety and security of all our members. If we think it’s appropriate, we may disclose your identity, your User Content, or other data associated with you to third parties, like law enforcement; take legal action; or terminate your access to the Service. For more information on what data we may disclose and why, please see our Privacy Policy.
We reserve the right to terminate your access to the Service for any reason (or no reason).
You can terminate this Agreement by canceling any subscriptions, and closing and deleting your account. PLEASE NOTE THAT THE SERVICE WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION.
The following provisions will survive any termination or expiration of this Agreement or your Subscription: 1.7, 3.2, 4, 5, and 7-14, and any other provisions intended to survive termination.
If you have a problem with us that we can’t resolve, we and you agree that any dispute, claim, or disagreement arising out of or relating to the Services or your relationship with us, including claims that arose before the existence of this or any prior Agreement (including claims related to advertising) or claims that may arise after the termination of this Agreement, will be resolved by individual arbitration (“Arbitration Agreement”). The exception is that we and you each may bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court and are not removed or appealed to a court of general jurisdiction. All other disputes must be arbitrated on an individual basis, which means you and we are each waiving our right to sue in court and have a court or jury trial. To the extent there is a dispute as to whether claims qualify for small claims court, a court of competent jurisdiction will decide.
You also agree that you will try in good faith to resolve any dispute informally before filing an arbitration. To start the informal dispute process, you must send an individualized written notice (“Notice of Dispute”) to Sleep Reset, Inc., Attn: 2261 Market St #4408 San Francisco CA 94114 that includes (1) your name, phone number and email address for your account, and (2) a description of the dispute and how you’d like it resolved. If we have a dispute with you, we will send a Notice of Dispute with the same information to the email address we have on file for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate and try to resolve the claims. If either side requests a settlement conference during this period, then you and we must cooperate to schedule that meeting by phone or videoconference. You and we each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims asserted in the Notice of Dispute, any statute of limitations will be tolled from the date the Notice of Dispute is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Dispute Resolution Period”). An arbitration cannot be filed until the Informal Dispute Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this section. Nothing in this section precludes you or us from seeking relief for non-compliance with this Informal Dispute Resolution process in arbitration.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same individualized damages and relief that a court can award. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these Terms and the termination of your Sleep Reset account.
Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures then in effect for NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAM. You may serve us with any arbitration demand by mail to: Sleep Reset, Inc., Attn: 2261 Market St #4408 San Francisco CA 94114. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any NAM filing, administrative, and arbitrator fees in accordance with NAM Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
The following provisions set forth additional procedures that apply to mass filings. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated, consistent with the definition and criteria of Mass Filings set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims. The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.
Counsel for the claimants and counsel for us shall each select 25 claims per side to be filed and to proceed in individual arbitrations as part of a staged process. Each case shall be assigned to a different arbitrator unless the parties agree otherwise. If there are fewer than 50 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees, other than applicable fees related to a procedural arbitrator, be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.
If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. No more than two (2) cases may be assigned to a single arbitrator unless the parties agree otherwise. If there are fewer than 100 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.
Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), each remaining dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations. The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Filings apply to your dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
If you are a new user of Sleep Reset, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date of 12/11/23. To opt out, please visit our support center here and include your name, the email address for your account, and a clear request to opt out of arbitration. If you opt out, neither we nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute regarding us or our Service isn’t arbitrable under applicable laws or otherwise, we both agree that the dispute will be resolved exclusively in accordance with the remainder of these Terms. If you’re a consumer in the EEA, Section 12 doesn’t apply to you.
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by law, you and we waive any right to a jury trial.
We use a few different third-party service providers to process payment for the Service (e.g., card acceptance, merchant settlement, and related Service) (“Third-Party Payment Service Providers”). By using the Service, you authorize us to share the information and payment instructions you provide with our Third-Party Payment Service Providers to the extent necessary to complete your transactions.
Certain products and features of the Service are provided by third parties (“Third-Party Providers”), like the Telehealth Service. In order to use these products and features, you may be required to enter into additional terms and conditions with our Third-Party Providers. This Agreement applies only to the Service, so any interactions between you and a Third-Party Provider is solely between you and them. Make sure to review their policies before taking advantage of those products and features.
With respect to any Sleep Reset application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. With respect to any application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the application on a shared basis within your designated family group. Additionally, the following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) this Agreement is concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
We and you acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Sleep Reset may offer telehealth services through licensed healthcare providers ("Providers"). These services are limited to sleep-related consultation and do not constitute comprehensive medical care or primary care services.
Any interaction between you and a Provider through our platform does not establish an ongoing provider-patient relationship. Providers retain professional discretion to refuse or discontinue services at any time.
Telehealth services are not intended for emergency situations. In case of a medical emergency, contact emergency services (911) immediately.
You acknowledge that:
- Telehealth services have inherent limitations and risks compared to in-person medical care
- Not all conditions are appropriate for telehealth evaluation
- Providers may determine that telehealth services are not appropriate for your specific situation
- Technical failures may interrupt or prevent service delivery
While Sleep Reset verifies basic credentials of Providers, you acknowledge that Sleep Reset is not responsible for the quality of care provided by individual Providers.
You are responsible for ensuring your physical location and technology setup provide sufficient privacy for telehealth sessions. You agree not to record any telehealth sessions without explicit permission from the Provider.
Sleep Reset does not guarantee that telehealth services will be covered by your insurance. You are responsible for any fees not covered by insurance.
Telehealth services are subject to state-specific regulations and may not be available in all locations. Providers can only provide services in states where they are licensed.
If you purchased our program directly through our website and the money-back guarantee option was presented to you during checkout, you may be eligible for a money-back guarantee under the following conditions:
16.1 You have completed the full program and have not experienced visible improvements in your sleep.
16.2 You are able to demonstrate that you have followed the program pursuant to the requirements stated below in section “How to Submit Money-Back Guarantee Requirements.”
16.3 We will review your request and notify you by email regarding its approval.
You can demonstrate that you have followed the program to completion by fulfilling these requirements:
16.4.1 You provide screenshots from the app proving that your sleep has not improved after the full duration of the program.
16.4.2 Approximately 90% of lessons in the program have been completed.
16.4.3 At least one sleep log has been entered per week.
If you believe you qualify for the refund under this policy, please reach out to our customer service team at help@thesleepreset.com. We will review your completion of the program and your submitted sleep logs to determine eligibility.
Please note that a refund under the Money-Back Guarantee is only available if all the above requirements are met. This Money-Back Guarantee does not apply in any other circumstances.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at help@thesleepreset.com. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
For purposes of these Terms:
(a) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and
(b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Sleep Reset does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Sleep Reset and its licensors exclusively own all rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services, you hereby grant Sleep Reset a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
While Sleep Reset implements reasonable security measures to protect user data, you acknowledge that no method of electronic storage or transmission is 100% secure. By using our Services, you accept the inherent risks associated with providing information online.
In the event of a data breach affecting your personal information, Sleep Reset will notify you in accordance with applicable laws. You agree that Sleep Reset's liability for any data breach shall be limited to the extent permitted by law and shall not exceed the amounts specified in Section 20.
Sleep Reset shall not be liable for any unauthorized access, data breach, or security incident caused by third-party actions, including but not limited to hacking, malware, or other malicious activities beyond Sleep Reset's reasonable control.
You are responsible for maintaining the security of your account credentials and immediately notifying Sleep Reset of any unauthorized access to your account or other security concerns.
We implement reasonable security measures to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your information, we cannot guarantee its absolute security. You acknowledge and agree that you provide your personal information at your own risk.
In the event of a data security incident, we will provide notification as required by applicable law. Our liability for any security incident shall be strictly limited by Section 9.2 of these Terms, except where such limitation is expressly prohibited by applicable law.
20.1 These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions.
20.2 Except as otherwise expressly set forth in Section 23, the exclusive jurisdiction for all Disputes (defined below) that you and Sleep Reset are not required to arbitrate will be the state and federal courts located in the Northern District of California. You and Sleep Reset each waive any objection to jurisdiction and venue in such courts.
These Terms constitute the entire agreement between Sleep Reset and the user, superseding prior agreements. If any provision is found invalid, remaining provisions remain enforceable. Users may not transfer these Terms without consent; Sleep Reset may transfer them freely.
Sleep Reset will provide notices via email or by posting to the Services. Notices via email are deemed received when transmitted.
Failure to enforce any provision does not constitute a waiver. Waivers are effective only in writing by authorized representatives. Exercise of remedies does not prejudice other available remedies.
For questions, contact Sleep Reset at help@thesleepreset.com or at 2261 Market Street #4408, San Francisco CA, 94114.
Last Updated: January 31, 2025
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