Terms of Use

General

These Terms of Use govern, together with the Privacy Policy, your use of the Sleep Monitor mobile application (the ”Application”) and related services provided by SM Health Team(”Us”, ”We” or "Our").

By downloading the Application you agree to be bound by these Terms of Use and by completing the online registration process, you confirm and affirm that you have read, understood and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Application.

We does not provide medical, fitness or other advice. You participate in health activities entirely at your own risk.

Agreement to Terms

All access of any part of http://sleepmonitor.emobistudio.com (“Websites”) and the SM Health mobile applications (“Apps”) is governed by the terms of use (“Terms”) below and our Privacy Policy located at http://sleepmonitor.emobistudio.com/pc/privacy.html. The Websites and Apps are collectively referred to as “SM Health”. If you do not accept any of these Terms, please discontinue the use or access of SM Health immediately.

By continuing, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms.

By accessing SM Health you represent and warrant to us that: You are at least 16 years old and have the necessary legal capacity, right, power or authority to agree to these Terms.

We may from time to time update these Terms. SM Health reserves the right to change these terms and conditions at any time at its sole discretion. Amendments shall take effect immediately when posted on SM Health. Your continued use of SM Health thereafter represents your agreement to any such amendments.

In these Terms, the words “we”, “our” and “us” refer to SM Health Team (“SM Health”).

Access to SM Health

The accessibility and operation of SM Health rely on systems, databases and technologies that may not be entirely within our control. We do not guarantee continuous accessibility or uninterrupted operation of SM Health. We will not be liable to you if, for any reason, access to SM Health is delayed or unavailable for any period of time.

We may at any time change, suspend, or discontinue SM Health, any of its content, and/or access to part or all of it, without notice and for any reason.

During the use and access to SM Health, you are required to:

a. comply with all applicable local and international laws and regulations when using SM Health;

b. not access any information or data concerning another person without his/her permission;

c. not use SM Health in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, bugs or harmful data, into SM Health or any computer system;

d. not infringe our intellectual property rights or those of any third party in relation to your use of SM Health;

e. not submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable to the general public in relation to your use of SM Health;

f. not use SM Health in a way that could damage, disable, overburden, impair or compromise our systems, databases, servers or security or interfere with other users;

g. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on SM Health.

h. We reserve the right to terminate or restrict your access to part or all of SM Health for any reason at any time without prior notice.

Intellectual Property Rights

The Application and all related trademarks, logos, software and other intellectual property rights are and shall remain our exclusive property. Your right to use the Application and its content is personal, non-exclusive, non-sublicenseable and non-transferable. Any copying, republication or redistribution of the Application or any of its content is strictly prohibited.

Disclaimer of Warranty

The Application and all of its content is provided on an ”As Is” and ”As available” basis and We do not provide any assurances of the availability or usability by you of the Application.

Limitation of Liability

We shall not be liable for any errors in any content or for any actions taken in reliance thereon. Furthermore, we shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data or compatibility conflicts).

Subscription Vs. Non Subscription

The Application monetize itself with a freemium business model. Freemium is a combination of the words "free" and "premium," freemium is a type of business model that offers basic features of a product or service to users at no cost and charges a premium for supplemental or advanced features. If you subscribe, the Application gives you premium version with unlimited access to all features. If you do not subscribe, the Application gives you the free version with limited features.

Subscription Fees and Payment

SM Health offers certain enhanced features of the Services which you can purchase as a weekly, monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that SM Health may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on SM Health until accepted and confirmed by SM Health. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with SM Health.

SM Health reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances SM Health deems appropriate in its sole discretion. SM Health also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). SM Health will either not charge you or refund the charges for orders that we do not process or cancel.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your service at any time by sending an email to us at sleepmonitor.dev@gmail.com or follow the self-help flow of Google Play Store or Apple App Store.

Here is Google's or Apple's self-help flow to cancel and refund your subscription.

On Android

Cancel your subscription on Google Play:

Cancel, pause, or change a subscription on Google Play - Android - Google Play Help

Refund your subscription on Google Play:

Learn about refunds on Google Play - Google Play Help

On iOS

Cancel your subscription on Apple's App Store:

How to cancel a subscription on your iPhone or iPad

Request a refund for apps or content that you bought from Apple

Miscellaneous

We reserve the right to, from time to time, in our sole discretion amends these Terms of Use. It is your responsibility to review these Terms of Use from time to time to understand the extent of changes. Your continued use of the Application constitutes your agreement to the amended and updated Terms of Use.

Governing Law and Jurisdiction

The Terms, shall be governed by and interpreted in accordance with the laws of Singapore. Any dispute arising out of or in connection with the Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore.

Contact

If you want to send any notice under these Terms or have any questions regarding the Service and Products, you may contact us at: sleepmonitor.dev@gmail.com.

Last amended and updated November 11, 2023.