Terms of Service

Welcome to Bedtime, an online platform for getting better sleep. The Bedtime website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the "Service") are owned, operated and distributed by Bedtime, Inc., a Delaware corporation (referred to in these Terms of Service as "Bedtime" or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these "Terms of Service"), the terms and conditions of our privacy policy (the "Privacy Policy") and any other legal notices published by us on the Service (collectively, the "Governing Documents"). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Bedtime.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of April 18, 2018.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Bedtime, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Bedtime in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Bedtime in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Bedtime or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the Bedtime name or trademarks without the express written consent of Bedtime.

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
  1. You must be 13 years or older to use the Service.
  2. You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
  3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Bedtime will not be liable for any loss or damage from your failure to comply with this security obligation.

Changing Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.

Rules for All Users

When you sign up for the Site, you agree to the following rules:

  1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
  2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
  3. You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
  4. You assume full responsibility for the content of the Service offered.
  5. You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  6. You will not share content from the Service with anyone who is not properly licensed to access the content.
  7. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
  8. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  9. You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
  10. You will not impersonate any person or entity, including any of our employees or representatives.
  11. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
  12. Bedtime reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

Membership Fees

  1. No refunds are offered for Premium Membership fees or any other fees collected by the Service.
  2. Fees for Premium Membership or any other portion of the Service may be changed at any time without prior notice.

Cancellations and Refunds

Bedtime  is not responsible or liable for any refunds for Premium Membership or other purchases on the Service.

Bedtime Premium Membership

You may participate in our "Bedtime Premium Membership" by subscribing to pay monthly or annual membership fees

Recurring Billing

The membership fee will be billed on the beginning of the paying portion of your membership and each month, quarterly or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Premium Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.

No Refunds

Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your Bedtime Membership through the end of your current billing period.

Cancellations

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected] If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Free Trials

From time to time, we or others on our behalf may offer trials of paid subscriptions for our Bedtime Premium Membership for a specified period without payment or at a reduced rate (a “Trial”). Bedtime reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your Bedtime account profile.

Price Changes

We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Bedtime Rights

Bedtime  reserves these rights:

  • We can make changes to the Bedtime Site and Services without notice or liability.
  • We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Bedtime in that jurisdiction.
  • We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Bedtime is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Disclaimer of Warranties

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER Bedtime PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Bedtime Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over Bedtime, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between Bedtime and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and Bedtime agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Bedtime are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Bedtime concerning the Service and the services provided by Bedtime. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Bedtime's failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Bedtime may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between Bedtime and you will be sent and received electronically. You agree that all electronic communication between Bedtime and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Bedtime not expressly granted herein are reserved.


Privacy Policy

The Bedtime web site and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Bedtime, Inc., a Delaware corporation (referred to in this Privacy Policy as “Bedtime” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (this “Privacy Policy”) and the terms and conditions of our terms of service (the “Terms of Service”). If you do not agree to any of these terms, you should not use the Service. This Privacy Policy applies to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Bedtime.

We may, at our sole discretion, modify this Privacy Policy at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of April 18, 2018

General

Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Personal Information

When your register with us and become a Bedtime Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you. This includes, but is not limited to, your name, email address, but does not include your credit card number of billing information. PayPal processes all of the transactions on Bedtime, and the information you provide to PayPal is subject to its privacy policy. We do not receive any of the credit card information you provide to PayPal.

In order to send you e-mail from Bedtime, we need your e-mail address. To provide you with additional services, we may also request your name, geographical coordinates, and telephone number. We will not give your name, email, or other personal information to unaffiliated third parties except with your consent or as otherwise set forth in this privacy policy. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or when we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process that we receive or to protect our interests or the safety of others. In addition, we may provide personal information to employees, consultants or other business or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply with the terms of this Privacy Policy.

Other Information

We use your IP address to help diagnose problems with our server, to administer our Service, and to analyze traffic patterns on the Service. We use cookies, web beacons and similar technology to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit. We may also use web beacons and similar technology in emails that we send to you in order to track whether the emails have been opened. In addition, our web servers track information about the visits to the Service. For example, we compile statistics that show the daily number of visitors to the Service, the daily requests we receive for particular files on the Service, and what geographical areas those requests come from. These aggregated statistics are used internally to better provide services to the public and may also be provided to others.

Voluntary Disclosure

Any personal information or content that you voluntarily disclose in public areas becomes publicly available and can be collected and used by other users for any reason. You should exercise caution before disclosing your personal information via these or any other public venues.

For example, if you choose to sign up for a free Bedtime account, you may have a Profile page on the site, containing your Full Name and some basic information including your location and bio. You may also add additional optional information to your Profile. You may control what type of Profile information is shown to other through your Account Settings. Any information you choose to provide as part of your profile should reflect how much you want other Bedtime users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.

Children’s Privacy

You must be at least 13 years old to register to use the Service. Accordingly, we do not collect any personal information from children.

Third Party Advertising

We may use third-party advertising companies to serve ads when you visit the Service. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on the Service and other sites about goods and services that may be of interest to you. In the course of serving advertisements to this site, third-party advertisers may also place or recognize a unique "cookie" on your browser, or use other technologies such as Java scripts or web beacons.

Other Sites

The Service may contain links to other Web sites or services. We are not responsible for the privacy practices or the content of such Web sites or services, and you should review the privacy policy of each such Web site or service to make sure that you are comfortable with it before providing any personal information.

Miscellaneous

In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

The Service is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.

California Civil Code Section 1798.83 permits users of the Service who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to [email protected] or write us at the address listed below.

Contact Us

If you have any questions, you can contact us at [email protected].