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Dreem Health Platform Terms of use

Last Revision: 08/25/2025

Introduction and Acceptance of the terms of Use

These Terms of Use are a legal agreement between you (either an individual or entity) (“You“ or “Your“ or “User“) and Sunrise United States Inc. (“Us” or “We” or “Our” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your access when you visit the website located at www.dreemhealth.com (our “Website”), install and use our Dreem Health application (i.e., Dreem.sleep, a mobile or desktop application) that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application” or “App”), or use our wearable device products (our “Devices”) and the reasons why and how we collect, use, maintain, protect, disclose, or otherwise process that information.  When we use the term “Platform” we mean our Website, Apps, Devices and administrative and technology services that assist your healthcare providers provide the medical treatment to you.

Please read these Terms of Use carefully before you start to use the Platform ⚠️

By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

This Platform is offered and available to users who are 18 years of age or older,  reside in the United States, are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and are not listed on any U.S. Government list of prohibited or restricted parties. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

It is important to know that Company is not a medical group or a health care provider, instead we are a technology company that provides the Platform, which allows you to connect with a healthcare provider and receive the clinical and medical services (the “Services”). Company provides its users with the ability to obtain a telehealth visit through the Platform by connecting you with independent medical practices such as Dreem Sleep Clinic of California, P.C., and its affiliated medical practices (collectively “Dreem Health” or "Dreem Health Sleep Clinic"). Dreem Health contracts with or employs appropriately licensed health care providers (each, a “Provider”) that are able to provide you the Services through our Platform.

Accessing the Services

You must register to create an account (“Account”) and become a registered user to access the Services. To register, you must provide your full legal name, your date of birth, your email address, and other information specified in the registration form (“Registration Data”). You may also be required to provide your payment information, such as a financial account number, credit card, or debit card details, along with any associated security codes, access codes, or passwords necessary to authorize transactions. With the exception of your email address and your insurance and payment details, You may change or correct information directly in your Account. If you need to make changes or corrections to other information, you may contact us at hello@dreemhealth.com. You agree not to register for an Account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms of Use. By registering another person, you represent that you are legally authorized to do so.

By registering for an Account and using the Services, You represent and warrant as follows:

👉 You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;

👉 Your Registration Data is true, accurate, current, and complete;

👉 You will update your Registration Data as needed to maintain its accuracy;

👉 You are authorized to create an Account (either for yourself or another person);

👉 You acknowledge and agree to the terms of the Privacy Policy, and these Terms of Use; 

👉 You acknowledge and demonstrate that You can access these Terms and the Privacy Policy at will.

👉 You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by the company from time to time; and

👉 You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

What does the company not provide?

✋ No Medical Care, or Advice

Company is not a medical group and does not provide medical advice, care, and/or treatment. Any telemedicine consults obtained through our Platform are provided by healthcare providers employed or contracted by Dreem Health. Company licenses the “Dreem Health” brand name to the medical practices that use our Platform to assist in the provision of Services. Each Dreem Health-branded practice is owned and operated by a licensed physician. There is no single provider of medical care called “Dreem Health.” Each Dreem Health-branded practice engages a network of United States based clinicians who provide the Services. The Providers deliver Services via the Platform to their patients. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
THE COMPANY EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU. 

✋ Not for Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately, or go to the nearest emergency room.

You should seek emergency help or follow up care when recommended by a health care provider or when otherwise needed. You should continue to consult with your primary provider and other health care professionals as recommended. Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

Risk of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Privacy Practices

You agree that information provided by you in connection with the Platform shall be governed by the Privacy Notice, which is hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Dreem Health Notice of Privacy Practices, and is hereby incorporated and made part of these Terms of Use.

Electronic Signatures

You may be asked to review and sign certain documents related to your use of the Platform and the Services provided by Dreem Health, such as consent forms or other agreements. By providing your electronic signature (by clicking a checkbox as applicable), you voluntarily consent to sign these documents electronically. You acknowledge and agree that your electronic signature has the same legal effect as a handwritten (“wet”) signature. You may withdraw your consent to electronic signatures at any time by contacting us at hello@dreemhealth.com.

Prescription Policy

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

While We provide a convenient platform for users to access and track certain healthcare information, and for providers to offer certain healthcare services that may or may not be reimbursable by federal or state health insurance payors, We are not billing experts. Any information provided to You with respect to billing is for informational purposes only and should not be relied upon.

Availability of Services

Company operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states and districts within the United States where the Platform is available. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

No-show cancellation policy

When you confirm an appointment with a Provider, we are reserving that time for you on the Provider’s calendar. If you cancel or reschedule your appointment within 48 hours of your appointment, or you do not show up for your appointment, you will be subject to a no-show fee. The Platform discloses to you the no-show fee policy when you schedule your appointment. If a no-show fee is assessed, it will be charged following your scheduled appointment, without additional notice. The current no-show fee amounts are $149.

Please note that those fees are not a covered benefit under most health insurance plans or other healthcare benefit plans. As a result, you acknowledge that you may not be able to submit these fees for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such fees.

How will the Company notify you of changes to these terms?

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform. 

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Platform so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

👉 making all arrangements necessary for you to have access to the Platform; and

👉 ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.  You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately at privacy@dreemhealth.com of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by the Company at any time with or without cause. You agree to defend, indemnify, and hold the Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

Equipment and internet access

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

There are always certain security and access availability risks associated with using open networks such as the internet, and you expressly assume such risks.

Access to Platform, Security, and Restrictions

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c ) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. 

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform. 

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c ) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company and Dreem Health that you have the legal right and authorization to provide all User Information to Company and Dreem Health for use as set forth herein and required by Company and Dreem Health Provider. 

Company and Dreem Health may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Company and Dreem Health may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us via hello@dreemhealth.com so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the Platform from any unaffiliated third party.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• modify copies of any materials from the Platform;

• use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or

• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Dreem Health name, the Dreem Health logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses of the Platform

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

👉 in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

👉 for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

👉 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;

👉 to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

👉 to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

👉 to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

👉 use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;

👉 use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;

👉 use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;

👉 use any device, software or routine that interferes with the proper working of the Platform;

👉 introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

👉 attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;

👉 attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or

👉 otherwise attempt to interfere with the proper working of the Platform.

We are not obligated to monitor Your use of the Plaform, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to.The Company reserves the right to suspend or terminate Your use of the Platform without notice to You if You partake in any of the prohibited uses described above.

Account termination

If You breach any of these Terms of Use, We may suspend or disable Your Account or terminate Your access to the Platform without prior notice to You. There may be other instances where We may need to terminate Your access to the Platform that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Platform and materials at any time, with or without cause.

If You wish to terminate Your Account, please contact Us at privacy@dreemhealth.com, and immediately discontinue Your use of the Platform.

Content Standards

These content standards apply to use of the Platform. Use of the Platform must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, use of the Platform must not:

👉 contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

👉 promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

👉 infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

👉 violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice;

👉 be likely to deceive any person;

👉 promote any illegal activity, or advocate, promote or assist any unlawful act;

👉 cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

👉 impersonate any person, or misrepresent your identity or affiliation with any person or organization; 

 👉 involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or

👉 give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

By using the Platform and accepting these Terms, You further acknowledge that the Company may share Your Data with other users, including Your healthcare provider (if You choose to allow this). We may share Your information with third parties as described in the Privacy Policy, and will seek Your consent before doing so where required by law.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Data, whether or not such treatment violates applicable law.

Please be aware that Our Privacy Policy does not address how healthcare providers with whom You share information collected, generated, or stored via the Platform may further use and disclose Your health information. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. Our Privacy Policy does not apply to the collection, use, disclosure, or treatment of Your Data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that We are neither responsible for nor liable to You or any third party for the treatment of Your Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.

Payment for Services and Fees

All transactions for Services formed through the Platform or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

In order to use the Platform and access the Services, you may be required to provide valid payment information (such as a credit card, debit card, or other accepted payment method). Such information may be used to:

• Pay for Services provided by Dreem Health; and

• Pay for any applicable fees, including but not limited to no-show fees, collection agency fees, shipping fees, or administrative fees, as described in these Terms of Use. Please note that those fees are not a covered benefit under most health insurance plans or other healthcare benefit plans. As a result, you acknowledge that you may not be able to submit these fees for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such fees.

All transactions are processed securely through Stripe, a third-party payment processor. By providing your payment details, you authorize Stripe to store and process your information for these purposes. Payment information is transmitted directly to Stripe and is never stored, recorded, or otherwise processed on Company’s servers at any time. Stripe will handle your payment information in accordance with its own terms, conditions, and privacy policies. Company shall not be liable for any errors, breaches, or failures caused by Stripe or any other third-party payment processor.

You authorize us and our payment processor to charge any valid payment method on file for the cost of Services provided to you, as well as any other applicable fees.

You will be notified in advance before any charge is made to your payment method, with the exception of no-show fees, which are automatically charged following your scheduled appointment in accordance with these Terms of Use.

You may request the removal of your payment details at any time by contacting us at hello@dreemhealth.com

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

By providing your mobile number and/or email address, you are agreeing to be contacted by or on behalf of Company at the mobile number and/or email address you have provided, including calls, text messages and emails, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply.

Electronic Communications

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Company, Dreem Health, and your Provider may contact you by phone, mail, or e-mail to verify your information. Company, Dreem Health, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

You can choose to filter any account and Services emails or text messages using your email and text messages settings, but we do not provide an option for you to opt out of these communications.

If you consent to receive marketing or other communications not related to your account or the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.

External Services

The Platform may enable access to Company’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Company or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Company or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Geographic Restrictions

The owner of the Platform is based in the state of New York in the United States. We provide this Platform for use only by persons located in the states and districts within the United States where the Platform and/or Services are available. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Third Party Rights 

Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Company, Dreem Health, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Company, Dreem Health, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Company, Dreem Health, and its affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.

Third-parties and third-party sites

Third-party websites

In the course of using the Platform, You may be introduced to areas or features of the Platform that allow You to access websites that do not belong to and are not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules.

We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, business practices, information, resources, applications, and other content ("Third Party Matters") available on or through any third-party sites or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the third-party matters. 

Any reference in the Platform to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.

Third-party services

To the extent any features, aspects, products, or services offered through the Platform are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. If you do not understand or do not agree to be bound by those additional terms and conditions, do not use the related third-party services. 

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy.

If you do not understand or do not agree to the terms of a third-party service provider's privacy policy or terms of use, you should not use the related third-party services. We will not, under any circumstances, be responsible or liable for any of your information collected or used. by third-party service providers. 

Disclaimer of Warranties

In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Platform will be in accordance with these Terms and all applicable laws, regulations, rules, and Our policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, you represent and warrant that you are legally authorized to share data (belonging to yourself or others on whose behalf you are submitting such data) with us.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR 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 THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND QUIET ENJOYMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You are solely responsible for all of your communications and interactions with the Platform and with other persons with whom You communicate or interact as a result of Your use of the Platform, including, without limitation, patients, providers, clinicians/caregivers, or authorized third parties.

You understand that the Company does not take responsibility for screening or inquiry into the background of any users of the Platform, including, without limitation, providers and/or clinicians/caregivers, nor does the Company verify or take responsibility for the statements of any such users of the Platform. The Company makes no representations or warranties as to the conduct of users of the Platform, including, without limitation, providers and/or clinicians/caregivers.

The Company cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. The Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications, or personalization settings. It is Your responsibility to backup any information You enter into the Platform.

Limitation on Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform remains with you.

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge that if You use the Platform during or in relation to an emergent, serious, or life-threatening condition, such use is at Your sole risk. The Company is not liable to you or any person for any decision made or action taken in reliance upon information included as part of the use of the Platform.

The Company is not liable to any user or person for any harm caused by the negligence or misconduct of any providers or clinicians/caregivers, whether or not relying upon information collected, generated, or stored via the services.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to You. In such states, Company’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00. Any claim arising from the usage of the Platform must be brought within two (2) years of the occurrence of the event from which the claim arose.

Indemnification

No Class Actions

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Arbitration Clause Survival

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

Exceptions to Agreement to Arbitrate

We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

Opt-Out of Alternative Dispute Resolution Process

Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting hello@dreemhealth.com within 30 days of first accepting these Terms of Use and stating that You (first and last name) decline this dispute resolution process.

You understand and agree that, by not opting out of the alternative dispute resolution process described, you waive any right to a jury trial to which you may otherwise be entitled in connection with any action or litigation in any way arising out of or related to these terms.

If You opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of New York within twenty-five (25) miles of New York City, New York in any legal proceeding arising out of or relating to these Terms of Use. You agree that any and all claims and matters arising out of these Terms of Use, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General contract terms

Entire agreement

These Terms of Use and our Privacy Policy, and any other terms incorporated by reference, constitute the sole and entire agreement between you and Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Notices

Any notices or other communications permitted or required under these Terms of Use, including those regarding modifications to these Terms of Use, will be in writing and given: (i) by us via email (in each case to the address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. You alone are responsible for ensuring that your email address on file with us is accurate and current , and notice to you shall be deemed effective upon the sending of an email to the address we have on file.

You shall give any notice to us by email to hello@dreemhealth.com. Notice to us shall be effective upon receipt of notice by us.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure 

We will not be deemed to be in breach of these Terms of Use or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the  following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c ) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of Company. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Company shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Remedies

Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

Your Comments and Concerns

If you have any questions, feedback, or comments regarding these Terms of Use or any documents referenced herein, or if you need technical support or wish to communicate with us regarding the Platform, please contact us at hello@dreemhealth.com.