Terms & Conditions
This Agreement was last revised on April 08th, 2020.
The LEFT App (“we,” “us,” or “our”) welcomes you.
- “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Mobile Application;
- “User”, “You” and “your” are denotes to the person who is accessing the Mobile application for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Mobile Application;
- “We”, “us”, “our” and “Company” are references SIDE SLEEP TECHNOLOGIES BV;
- “Mobile Application” or “Platform” shall mean the mobile application “The LEFT App” or “App” and any successor Mobile Application of the Company or any of its affiliates;
- “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Mobile Application;
- All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
- Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.
COMMITMENT AND SCOPE
- Acceptance. By using our service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use our Mobile Application. If you are accepting these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
- Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.
- Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
The LEFT App is a meticulously designed app to find out on which side you slept most over the night.
The LEFT Device will record all your sleeping positions like Back, Belly, Left, Right, Straight-up. By connecting The LEFT Device to The LEFT App – it will display the sleep position data on a daily base.
MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Mobile Application.
For accessing the mobile application and using app Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide in relation with establishing any account is correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Mobile Application.
All registered rights relating to any third party links, content or resources published on the mobile application shall remain with the original source.
For all other content published on the Mobile Application reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Mobile Application; this includes all text, graphics, photographs, logos and/or other items that appear on the Mobile Application.
When you use this mobile application, you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted by you. It is you all your risk and accountability towards the content reliability and quality. You represent that you have required permission to use the content.
Please do not use content that:
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
- Information or data which are unlawfully obtained
Any submitted content may be refused. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.
By availing our services:
- We provide an opportunity for you to avail the offered Services from our Mobile Application;
- We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Mobile Application is invalid where banned.
YOUR COMMITMENT AND RESPONSIBILITIES
- You shall use the Mobile Application, our Service for a lawful purpose and comply with all the applicable laws;
- You shall not upload, any content that:
- Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
- You shall not use or access the Mobile Application for collecting any market research for some competing business;
- You shall not use any virus, hacking tool for interfering in the operation of the Mobile Application or data and files of the Mobile Application;
- You will not use any device, scraper or any automated thing to access our Mobile Application for any mean without taking permission.
- You will inform us about anything is inappropriate or you can inform us if you find something illegal on the Mobile Application;
- You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
- You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
- You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Mobile Application (including information provided in direct response to your questions or postings) may be provided by individuals. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
If you rely on any of the Information provided by the Mobile Application, you do so solely at your own risk. The Information that you obtain or receive from us and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile Application are for informational and scheduling purposes only. These terms and conditions can be accessed www.ninjads.io. Your use of Information provided on the Mobile Application is solely at your own risk.
- We does not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
- You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
- You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have in relation to the App;
- Both you and us acknowledge and agree that, in your use of the App you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the The LEFT App Mobile Application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall SIDE SLEEP TECHNOLOGIES BV, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
We are not responsible to you for:
- any reliance that you may place on any material or commentary posted on our Mobile Application. Please note that nothing contained in our Mobile Application or the material published on it is intended to amount to advice on which you should rely; or
- any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or
- any losses you suffer because you cannot use our Mobile Application at any time; or
- any losses you suffer through connecting to any linked third party Mobile Applications or any statements, information, content, services that are published on, or may be accessible from, any linked third party Mobile Application and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or
- any errors in or omissions from our Mobile Application; or
- any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Mobile Application; or
- any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Mobile Application or to your downloading of any material posted on it, or on any Mobile Application linked to it; or
- the privacy policies and practices of other linked third party Mobile Applications, even if you access them using links from our Mobile Application; or
- any unauthorised access or loss of personal information that is beyond our control.
THIRD PARTY LINKS
We may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
ERRORS, INACCURACIES AND OMISSIONS
Every effort have been taken to ensure that the information offered on our Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and no warranty shall be provided by us for its suitability for any purpose.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE MOBILE APPLICATION. THE MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE MOBILE APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.
COPYRIGHT AND TRADEMARK
We have provided certain material such as graphics, logo, photo, designs audio recording, text, software etc. (collectively referred to as “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.
If you violate any provision of this Agreement, your rights to access or use the Mobile Application shall be terminated and you must with immediate effect destroy any and all copies you have created from the content.
Our patent, trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.
INTELLECTUAL PROPERTY RIGHTS NOTIFICATION
If you have an intellectual property rights-related complaint about material posted on the App, you may contact us using the information below.
ATTN: Legal Department (Copyright Notification)
Any notice alleging that materials hosted by or distributed through the website/app infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the App;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content of the Mobile Application. We shall provide you notice of such claim, suit or proceeding at your expense. We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or inacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the Laws of Netherlands without giving effect to any principles or conflicts of law. The Courts of Netherlands shall have exclusive jurisdiction over any dispute arising from use of the Mobile Application.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at Info@sidesleeptechnologies.com.