Rested, Inc. Terms of Use

Key Terms, Put Simply

Rested, Inc. (“Rested”, “we, or “us”) operates a suite of services to help you understand and improve your sleep by leveraging your mobile device to help evaluate your sleep. We always strive to improve our services, so these Terms and our Privacy Policy are continuously updated to reflect our current data handling practices and the consents we ask you to give to allow our service to operate.

By using our services, you consent to the collection of data about your environment and behavior at night with your mobile device – including through recordings made by your device microphone, logs created based on your accelerometer motion, and background information you provide by using our application – as described in detail in these Terms.

Sometimes, our lawyers still make us speak legalese, like this: THESE TERMS LIMIT OUR LIABILITY AND BIND YOU TO ARBITRATION; PLEASE READ THEM IN FULL.

OUR SERVICES TO NOT PROVIDE MEDICAL ADVICE. OUR ANALYSES ARE INTENDED SOLELY TO HELP YOU DETERMINE WHETHER TO SEEK MEDICAL ADVICE.

If you ever have questions about these Terms, our Privacy Policy, or our services, please reach us at support@getrested.com.

Terms of Using Rested Services
By accessing or using the Rested website, any Rested service, or any applications (including mobile applications) made available by Rested (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms" or “Terms of Use”).

The Service is owned or controlled by Rested, Inc. ("Rested").  These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND [COMPANY] WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You have to be able to enter into a contract with us (these Terms) to use our Service.

You are not allowed to use this Service unless you are at least 18 years of age and have the capacity to form a binding contract. By using the Service, you represent that you are at least 18 and have any agency or authority necessary to enter into a contract with us.

You are not allowed to use the Service unless you agree to and/or consent to everything in these Terms. If you do not understand any item in these Terms, or you do not agree to any provision in these Terms, you are not permitted to use the Service.

You are not permitted to enter any information about a minor anywhere on the Service unless you are that minor’s legal guardian and consent to the practices described in these Terms on behalf of that minor. You are not permitted to use the Service in any way that may gather information about a minor. We may ask you to verify that consent, and you are required to do so promptly.

You license information you input through the Service to us for use in our business operations, and you’re responsible for its accuracy.

In these Terms we refer to any piece of information you provide directly to us through any part of the Service as “User Content.” You hereby grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of User Content however we think necessary to operate the Services and/or our business. You represent and warrant to us that you have any and all rights under any law that applies to you to grant us this license. You represent and warrant to us that User Content will not harm our Services, our systems, or any third party.

You acknowledge that we will collect, and agree that we can collect, information about you and your sleep environment through the Services.

The Services use your phone hardware, including without limitation your accelerometer, microphone, memory, and battery, to create certain records about your sleep environment and behavior that help the Services generate recommendations about how to improve your sleep. In addition, you supply certain demographic and profile information through the app that drives our recommendations. You expressly consent to the collection of both of these types of information for as long as you use the Services. You also consent to the collection of your device identifier (the format of which we may change over time), and the association of that device identifier with other information we collect through the Services.

The Services use your microphone to record samples of any snoring by launching a recording session based on the sudden appearance of noise in your sleep environment. In the event that you talk in your sleep, engage in conversation, or otherwise cause or allow noise to occur in the physical space accessible to your microphone while the Services have been initialized to analyze your sleep, these sounds will likely be recorded in the course of using the Services. You consent to this recording. We explain more about how these recordings may be accessed in our privacy policy.
You further acknowledge that the Services requires activity on your mobile device for the entire sleep session – from when you set your alarm on our mobile application until you’ve acknowledged you’re awake – and that this activity can drain your device’s battery power. You can avoid losing battery life by plugging your phone in during a sleep session, but Rested will not under any circumstances be liable for loss, damage, or inconvenience caused by your device’s loss of battery power overnight.

We don’t sell your personal information, but our business involves the consulting, processing and acting upon of anonymized, aggregate information about people who use our Service.

The license you grant us to your User Content expressly includes the right to anonymize your personal information and other data and combine it with similar information about all of our users for our general business purposes. Such aggregated data may sometimes be used for research or marketing purposes, and you agree we can use such data to expand, market or improve our business operations as well as to deliver improved services to you. Even if we use such data for research or marketing, we will take all practical measures to maintain the secrecy of your identity.

You are responsible for keeping your password and your device secret and secure.

Rested own the Service and all of its content except User Content.

We expressly reserve and retain all intellectual property rights, including copyrights, patent rights, trademarks, moral rights and any other type of property interest, past, present or future, in the Services. We grant you a personal, limited, non-exclusive, non-sublicensable, non-transferable, license to use the Services on your own behalf, for your own personal benefit.The Rested name and logo are trademarks of Rested, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rested.

You aren’t allowed to use the Site for commercial purposes or with even the coolest robots.

Your license to use the Services does not permit you to scrape — or collect through any automated or computerized means — our data or any third party’s data through the Services. You must be a human to use the Site and you must use the Site only as a human. You must not be a human that allows any virus, Trojan horse, worm, or other kind of malware to invade our systems because you introduced them. You may not use our Site to harm any other human or any entity, and if you do you are responsible for any damage we incur as a result, as discussed below.

If we believe (1) you’ve violated these Terms in any way or (2) it’s necessary to prevent fraud, violations of law or harm to others, we have the right to restrict, suspend, or delete your account and collect any outstanding payments you owe. We further reserve the right to pursue any and all legal causes of action against you.

We're only human, so we can’t guarantee perfection – consequently we have limited liability to you.

This is where our lawyers make us use ALL-CAPS legalese to tell you we can’t guarantee we’ll be perfect and our liability to you is consequently very limited.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AFFILIATES OR PARTNERS (“RESTED PARTIES”) SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

If your actions result in our liability to others, you are responsible for covering costs that result from the liability you created.

You agree to indemnify and hold harmless Rested Parties from and against any third party claim arising from or in any way related to your use of the Site or our services, violation of these Terms or any other actions connected with your use of the Site or services purchased there, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action if practicable.In addition, if you bring a lawsuit or motion (including claims in arbitration) against us in which we ultimately prevail, you agree you will be responsible for paying any attorney’s fees and costs we incurred as a result of your claims.You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.

You agree not to use the Services in any illegal or malicious manner.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Rested page is rendered or displayed in a user's browser or device.

You agree not to use the Services on behalf or in connection with anyone under 18.

You agree not to cause or allow the Services to be used for anyone under 18, or to actively use the Services to analyze your sleep in a room where someone under 18 is present.

If we refer you to third party platforms during your use of the Service, we're not liable for their actions.

We may, from time to time, establish collaborative arrangements with third parties who provide services that can help you along with our Services, such as a telemedicine platform or an affiliate with licensed medical practitioners as its contractors or employees. You acknowledge that such services come from third party providers, and agree that Rested has no liability for their services, their performance, or any of their other actions.  You also acknowledge that Rested is not responsible for ensuring that their licenses are up to date and valid - if you have questions about medical credentials, you should ask you physician those questions directly.

If and when you request connections, introductions, or referrals to such third party services through our Services, you agree we will send your personal information gathered in our Services to those third parties. We will seek verbal consent for this disclosure and confirm this consent by sending you an email following your verbal consent.  You further agree to the data handling practices discussed in our Privacy Policy in connection with such third parties.

If we have a dispute, we agree to try to resolve it informally and, if we can’t, we agree to arbitrate our dispute.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We are not responsible for, and have no obligation to resolve or help resolve, any dispute between you and any third party - including without limitation where we introduced you to that third party.

If you (user) have a dispute with Rested, you agree that we will first attempt to resolve that dispute informally through an in-person, phone, and/or email exchange over a period of at least thirty (30) days. You can inform us of your dispute by emailing us at support@getrested.com. You and Rested further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RESTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address: 

Rested, Inc.
Attn: Opt-out
1 Letterman Dr.
Suite C-3500
San Francisco, CA 94129

The notice must be sent within 30 days of April 1, 2016 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Rested also will not be bound by them.

In the unfortunate case that our informal discussion is not sufficient to resolve the dispute, any continuing dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration (1) in San Francisco, California, (2) using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, (3) by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Rested agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

Just a little more legalese…

Rested can terminate your account in its sole discretion.

Violation of these Terms may, in Rested's sole discretion, result in termination of your Rested account. You understand and agree that Rested cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Rested, we can stop providing all or part of the Service to you.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective.

You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

These Terms were last updated on and are effective as of April 20, 2016.