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 DO NOT PROVIDE MEDICAL ADVICE. OUR ANALYSES ARE INTENDED SOLELY TO HELP YOU DETERMINE WHETHER TO SEEK MEDICAL ADVICE.
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 RESTED WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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.
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.
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.
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.
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.
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.
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 provide the opportunity through our app and related services for you to rent a CPAP machine, purchase supplements that may be recommended by your doctor, or obtain other goods or third party services targeted to help you sleep better (“Third Party Purchases”). Any equipment, medication, supplement, or any other good you purchase or rent through the service will be provided by a third party vendor. Despite Rested facilitating your purchase of Third Party Purchases, you hereby agree that Rested shall have no liability to you or any other party whatsoever for the quality of, performance of, defects in, or any other characteristics of the Third Party Purchases. Your purchase and use of Third Party Purchases shall be at your sole risk and expense, and Rested may charge a fee to ship such items to you to your credit card.
In particular, your use of any medicinal item purchased through our services is at your own risk. You acknowledge and agree that Rested has not tested or vetted any such product independently of its third party supplier. We do not represent or guarantee that any such item has been approved by the FDA or any other regulatory body. If you are a temporary or permanent resident of the state of California, the Third Party Purchases may contain a Proposition 65 warning. We include these warnings, or require our vendors to do so, in an abundance of caution where any chemical component is known to use to be included in the California Environmental Protection Agency’s watchlist and in an abundance of caution, and not because we have determined that the item is inherently dangerous. Rested makes no claims, representations, or warranties whatsoever about any Third Party Purchases.
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:
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 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 also agree you will not use the Services to compete with Rested or attempted to discover sensitive business information about us. You agree, if you violate this promise, (i) to reimburse Rested for any lost profits, and (ii) to pay the amount of any profits you gain in a competitive enterprise following such impermissible use to Rested.
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.
We call such notes ”SOAP Notes”. You will see a notification on your screen during a telemedicine appointment indicating your consent to the physician making these notes in your file, which you also consent may be associated with the other information Rested has about you. These notes are created by the physician, and you agree that Rested has no control over or responsibility for their contents. You further agree that Rested shall not be liable for any flaws in the treatment or advice provided by any such physician.
You acknowledge and agree that Rested Services may result in payments for treatment or medical devices made through Rested or directly to a third party. The method and means of payments made to or through Rested is within Rested’s sole discretion. You further acknowledge that Rested (1) is not able to accept payment from, nor assist you with obtaining payment from, Medicare, Medicaid, or similar state programs and (2) may not be successful in its efforts to assist you with obtaining reimbursement from insurance providers. If you do provide payment information of any kind to a Rested employee or affiliate, you hereby agree that Rested may use such payment information to purchase or pay for services you request on your behalf (such as sleep analysis devices or telemedicine visits). This includes payment information we take over the phone from you.
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.
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 email@example.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:
1 Letterman Dr.
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.
These Terms were last updated on and are effective as of April 17, 2017.