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1. Introduction

Welcome to SomnusLab (\"we,\" \"us,\" or \"our\"). These Terms and Conditions (\"Terms\") govern your access to and use of our mobile application (\"App\") and related services. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

2. Acceptance of Terms

By creating an account or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

3. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.

4. Scope of Use

Our App is intended for users who wish to enhance their sleep experience. Our product is not recommended for infants or young children without adult supervision. By using the App, you confirm and agree to comply with all provisions of these Terms.

5. Account Registration and Security

Account Creation: To access certain features, you may need to create an account using your email or through third-party services (e.g., Google, Facebook).
Account Information: You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account or any other security breaches.

6. Collection, Use, and Sharing of Personal Information

Information We Collect: We may collect personal information, including but not limited to your name, email address, sleep data (such as sleep duration, HRV, respiration rate, etc.), and other information you provide within the App.
How We Use Information:\n
- Personalized Experience: To customize and optimize your sleep settings and recommendations.
- Service Improvement: To analyze your usage to improve our products and features.
- Communication: To send you notifications about your account, feature updates, and promotional offers.
\n
Sharing of Information: We do not share your personal information with third parties without your consent, except in the following cases:\n
- Service Providers: With trusted third parties who perform services on our behalf (e.g., data analysis, customer support).
- Legal Requirements: To comply with laws, regulations, or compulsory legal requests.
- Protection of Rights: To protect our rights, privacy, safety, or property, and that of our users or the public.
\n
Data Security: We implement reasonable technical and organizational measures to protect your personal information against unauthorized access, use, or disclosure.
Data Storage: Your personal information is stored on secure servers for as long as necessary to fulfill the purposes for which it was collected unless a longer retention period is required or permitted by law.

7. User Rights

Access and Correction: You have the right to access, correct, or update your personal information.
Deletion and Withdrawal of Consent: You may request the deletion of your personal information or withdraw your consent for us to process your personal data; however, this may affect our ability to provide you with certain services.
Data Portability: Where applicable, you have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format.

8. Use of the App

Personal Use: The App is intended for your personal, non-commercial use.
Compliance: You agree to use the App in compliance with all applicable laws and regulations.
Restrictions: You agree not to:\n
- Reverse engineer, decompile, or attempt to extract the source code of the App.
- Modify, adapt, or create derivative works based on the App.
- Use the App for any unlawful or unauthorized purposes.
\n

9. Health and Safety Disclaimer

Not Medical Advice: All information provided by the App is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
Consult Professionals: Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.
Accuracy of Data: While we strive to provide accurate data, we do not guarantee the accuracy, completeness, or reliability of any information provided by the App.

10. Intellectual Property

Ownership: All intellectual property rights in the App and its content are owned by us or our licensors.
License Grant: We grant you a limited, non-exclusive, non-transferable license to use the App for your personal use.
Restrictions: You may not reproduce, distribute, or create derivative works from the App without our express written permission.

11. Third-Party Services

Integration: The App may integrate with third-party services or contain links to third-party websites.
No Endorsement: We are not responsible for any third-party content, privacy policies, or practices.
Your Responsibility: Your use of third-party services is at your own risk and subject to their terms and conditions.

12. Limitation of Liability

\"As Is\" Basis: The App is provided on an \"as is\" and \"as available\" basis without warranties of any kind.
Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use or inability to use the App.

13. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your violation of these Terms or applicable laws, or your use of the App.

14. Termination of Service

Our Rights: We may suspend or terminate your access to the App if we believe it is necessary (e.g., you have violated these Terms or applicable laws). We will make reasonable efforts to notify you in advance when feasible.
Your Choice: You may discontinue use of the App at any time and may request the deletion of your account by contacting us.
Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop using the App and delete all copies.

15. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising out of or relating to these Terms or the App shall first be attempted to be resolved amicably through mutual discussions. If unresolved, either party may bring the dispute before the courts of [Jurisdiction].

16. Changes to Terms

We may update or modify these Terms from time to time. We will notify you of any changes by posting the new Terms within the App or through other appropriate means. Changes will become effective immediately upon posting. Your continued use of the App after the changes have become effective constitutes your acceptance of the new Terms.

17. Contact Information

If you have any questions about these Terms or the App, please contact us:

Email: hey@somnuslab.com

18. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the App.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

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