TERMS AND CONDITIONS
Welcome at Shleep. Shleep offers software and services to assess sleep behaviour and measure the ways the sleep behaviour can be improved. The terms and conditions (the “Terms”) apply to the relationship between Shleep B.V. (“Shleep”) and its users (“Users”), for any use of the website [www.shleep.com] (the “Website”), the mobile application (the “App”) and any other parts of the software (the “Software”) offered by Shleep. Shleep offers the Software, including all information, tools and services, under the condition that the User accepts these Terms.
1.1 Shleep: Shleep B.V., a limited liability company incorporated under the laws of the Netherlands. The company is registered with the Dutch Chamber of Commerce under registration number 68089791. The company’s registered office is at Vaartstraat 68-3, 1075 RS in Amsterdam. Shleep is also referred to as “we”.
1.2 User: an individual private person (“Individual User”) or legal entity (“Corporate User”) making use of the Software. This includes employees of legal entities that use the Software on the initiative of their employer. Also referred to as “you”.
1.3 Software: the software Shleep has developed to make an online sleep assessment and to measure in which ways the sleep behaviour can be improved. This Software is available through www.shleep.com (“Website”) and as an application for mobile devices (“App”).
1.4 Services: the services Shleep offers in addition to the Software, including workshops, webinars,
TED-style talks and follow-up coaching.
1.5 Account: personal account that every User gets after registration and payment. Through the
Account, Users can use the Software.
2.1 The Software is developed to measure sleep behaviour. Shleep will assess the information about
your sleep behaviour and advice in which way your sleep behaviour can be improved.
2.2 In addition to the Software, you can also make use of our other Services. We can give in-house
workshops, host webinars and TED-style talks and take care of follow-up coaching.
3 REGISTRATION AND ACCOUNT
3.1 To use the Software, you have to register and create an Account. You can sign up with your e-
mail address, full name and date of birth.
3.2 You agree to provide complete and accurate information for all use of the Software. You agree to promptly update your Account, including your e-mail address, so that we can contact you if needed.
3.3 If you create an Account, you will be asked to provide a password to access your Account. Choose a password that is at least 8 characters long and includes letters, symbols and numbers and is not used for other services.
4.1 The fee for Individual Users who signed-up using the App or the Website is displayed on the App
4.2 The fee for Corporate Users will be agreed on by separate agreement.
4.3 For the use of our other Services, an extra fee will be agreed on by separate agreement.
4.4 All offers and proposals are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified therein, and not for possible future assignments. If the User provides Shleep with certain information, Shleep may assume the provided information is correct and will base the proposal on that information.
4.5 Shleep accepts Visa, MasterCard, PayPal and any other methods of payment which will be clearly
advertised on the Website and App or agreed upon with the Corporate User.
5.1 Individual Users have the right to cancel their Account or our other requested Services within 14 (fourteen) days from the day you made the payment. To exercise the right to cancel, you must inform Shleep with a written notification to email@example.com. We will send you a confirmation of your notification as soon as possible, but in any event within five business days.
5.2 We will give individual users a full refund within 14 (fourteen) days after we received your
notification to cancel.
7 INTELLECTUAL PROPERTY
7.1 Shleep is the exclusive owner of all intellectual property rights vesting in and relating to the Website, the App and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights). Shleep is also the exclusive owner of all Intellectual Property Rights vesting in and relating to the other services and information offered by Shleep.
7.2 Shleep grants its Users a personal and non-exclusive license to install and use the Software. Corporate Users are granted the right let their employees install and use the Software, as described in the Partnership Agreement with the Corporate User. Individual Users get a non- transferable and non-sublicensable license. Users are not allowed to sell, distribute, sublicense or access the content of the Software in any other way.
7.3 The Software is solely intended for personal, non-commercial use.
8 AVAILABILITY OF THE SOFTWARE, DISCLAIMER OF WARRANTIES
8.1 This Software is available to handheld mobile devices running Apple iOS and Android OS Operating System. Shleep will use reasonable efforts to make the Software available at all times. However, User acknowledges the Software is provided over the internet and mobile networks
and thus the quality and availability of the Software may be affected by factors outside Shleep’s reasonable control.
8.2 Shleep does not accept any responsibility whatsoever for unavailability of the Software, or any difficulty or inability to download or access content or any other communication system failure which may result in the Software being unavailable.
8.3 Shleep will not be responsible for any support or maintenance for the Software.
8.4 To the maximum extent permitted by law, Shleep hereby disclaims all implied warranties with regard to the Software. The Software is provided "as is" and "as available" without warranty of any kind.
9 SYSTEM REQUIREMENTS
9.1 In order to use the Software, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”).
9.2 The version of the Software may be upgraded from time to time to add support for new
functions and services.
10.1 Shleep is not in any event liable for:
- the effect of the application of our sleep advices;
- the actions or inactions of Users;
- the situation where Users mobile device is stolen and any third party subsequently makes
use of User’s personal or corporate account;
- failure to meet any of Shleep’s obligations under these Terms where such failure is due to
events beyond Shleep’s control (for example a network failure);
- any damage or alteration to User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Software.
10.2 Nothing in these Terms shall exclude or limit Shleep’s liability which cannot be excluded or
limited under applicable law.
11.1 Shleep reserves the right to change these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms. We will also notify you via our App, and request you to accept the updated Terms before you can continue to use our App. By continuing to use the App, Website and/or our services, you acknowledge the most recent version of these Terms.
11.2 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of
the right to enforce them at a later moment in time or against another User.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
13 APPLICABLE LAW AND JURISDICTION
13.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
13.2 All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.
14 COMPLAINTS, COMMENTS AND SUGGESTIONS
Shleep strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at firstname.lastname@example.org.
Shleep B.V. Barentszplein 6B 1013 NJ Amsterdam The Netherlands www.shleep.com
Chamber of Commerce (“Kamer van Koophandel”) number: 68089791 VAT number: 857296978B01
1075 RS Amsterdam
Chamber of Commerce (“Kamer van Koophandel”) number: 68089791
VAT number: 857296978B01