Last updated: August 5, 2022
Welcome to Sleepbot by Docbotic, a personalized, evidenced-based, fully digital and automated SMS-based cognitive behavior therapy for insomnia program designed to help you sleep better. (the “Service”). The Service is owned and operated by Docbotic Inc. a company to be incorporated under the laws of the State of Delaware (the “Company”, “we”, “us” or “our”).
These Terms apply to the use of the Service and any content available therein by any means (including smartphones, tablets, personal computers, other mobile devices etc.).
Use of the Service may be subject to additional terms, conditions and policies (including any privacy policies) that govern the use of mobile devices, such as the terms governing the use of Apple devices or Apple’s “App Store”, or any other application marketplace or the terms governing the use of immediate messaging application such as Apple Messages, WhatsApp, Facebook Messenger and Telegram or the terms governing the use of SMS of your network provider, such as AT&T, Verizon, T-Mobile or DISH. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms, conditions and policies.
The Use of the Service requires an active plan with a mobile network provider with cellular data plan between your personal phone or mobile device and the communication service provider. You will not be able to access and use the Service without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.
Some of the features and functionality of the Service of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your personal computer or mobile device and the Internet. You will not be able to access and use the Services without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.
ABOUT THE SERVICE IN A NUTSHELL
Sleepbot IS A PERSONALIZED, EVIDENCED-BASED, FULLY DIGITAL AND AUTOMATED THERAPY BOT DESIGNED TO HELP YOU SLEEP BETTER. IT IS NOT, AND IS NOT INTENDED AS, A SUBSTITUTE FOR IN-PRESENCE, QUALIFIED PROFESSIONAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL THERAPIST, A QUALIFIED PHYSICIAN OR A QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY MEDICAL, MENTAL, PSYCHOLOGICAL OR HEALTH RELATED ISSUES. IN ANY CASE OF A DIAGNOSED MEDICAL OR MENTAL CONDITION, PLEASE STOP USING THE SERVICE UNTIL YOU CONSULT YOUR PHYSICIAN.
IN CASE OF A MEDICAL EMERGENCY, CALL YOUR EMERGENCY DISPATCH CENTER IMMEDIATELY OR YOUR LOCAL SUICIDE PREVENTION LIFELINE FOR CONFIDENTIAL SUPPORT FOR PEOPLE IN DISTRESS.
The Service may allow you to share your information with others who are not using the Service. If you choose to share your information with third parties through social networks or any other third party platforms, then any activity or communications that you make with your contacts on various third party platforms and social networks are made strictly between you and such users/contacts. The Company is not a party and does not assume any responsibility or liability with respect to such communications and sharing. Use of such third party platforms is governed by their respective terms of service, not these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.
AGE RESTRICTION AND ELIGIBILITY
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Service for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your using the Service in a way that breaks the law.
If you are under the age of 13, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 13 years of age or older.
We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.
Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service in accordance with these Terms, for personal and noncommercial use only, subject to the payment of the fees as described in the “Fees and Payments” section below.
REGISTRATION AND SERVICE ACCOUNT
After your User Account is created, Sleepbot will start asking you questions aimed to asses your current sleep patterns and behaviors.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up. You are solely responsible and liable for all activities performed with or through your User Account.
You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Services and to contact you.
BY SUBMITTING YOUR CONTACT INFORMATION, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM US OR OTHERS ON OUR BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.
You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.
We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your User Account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your User Account, pursuant to these Terms.
USER ACCOUNT SUSPENSION AND TERMINATION
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that –
Upon termination of these Terms or your User Account, for any reason –
ACCEPTABLE USE OF THE SERVICE
The following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and the features provided through the Service, for your personal and non-commercial purposes only.
You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from –
You may not access or use the Service in order to develop or create a similar or competitive product or service.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE, AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.
Without derogating from any of the above, you may not post, provide or otherwise communicate through or in connection with the Service, any content which –
May include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
WE MAY DEPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY OR IN BREACH OF THESE TERMS.
FEES AND PAYMENTS
The Services are subject to fees at the rates and schemes as posted when you register to the Service and available at any time here. The current fees are for our insomnia six (6) week program. After the program ends you may choose between a monthly or a yearly subscription to the Service.
We may change our fees and payment policies at any time by providing you a 7-days in advance notification. If you continue to use the Service following the lapse of the period specified in the notice it will be considered as your consent to such change.
Service Fees can only be paid through the payment methods we establish from time to time. At this time, fees are charged and collected through a third party payment processing service (“Third Party Payment Methods”). We are not responsible for the terms, rules and practices of these Third-Party Payment Methods. They are subject to their own terms, which you should carefully read. We may also, at any time and in our sole discretion, offer free-of-charge features or change a free-of-charge feature to a fee-based feature, in which case we will inform you about it in advance as mentioned above.
By providing the details of your chosen payment method you confirm and declare that you may use the chosen payment method for the purpose of paying for the Service. We may, from time to time and without notice to you, add the option to use additional payment methods or to discontinue the use of a previously used payment method.
We may require additional information from you before completing a transaction involving payment. You undertake to keep your payment details updated, complete, and accurate and to notify us immediately in any case of a change in the details of the chosen payment method that you have provided to us.
In the event of a delay in payment for the Services, we may stop providing the Service until your payment obligation is settled and the full consideration is paid.
Currency and Rates. The fees are charged through the Third Party Payment Methods in the currency determined by them. In accordance with the rules of these Third-Party Payment Methods, you may be able to pay through a different currency, at your choice.
Cancellations. Cancellation of a transaction for a monthly or yearly purchase subscription to the Service will be in accordance with the provisions of any applicable law and regulations. In any case of conflict between the provisions of the applicable Law and Regulations and the cancellation policy described below, the provisions of the applicable law and regulations shall prevail.
You may cancel your subscription at any time by sending a cancellation notice to email@example.com. Your subscription will be canceled at the end of the ordinary subscription cycle for which you paid and will not be renewed to the next subscription cycle. You will not be entitled to any refund for the fees paid for the current subscription cycle.
You are solely responsible for paying all applicable fees for the Services, whether or not you actually used, enjoyed, or otherwise benefited from them.
All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets , protect know how and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute or tarnish our goodwill.
For all User Submitted Content, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your User Submitted Content is viewable on any platform) and reproduce and otherwise act with respect to such User Submitted Content, in each case to enable us to operate the Service, as described in more detail below.
WE DO NOT CLAIM OWNERSHIP OVER USER SUBMITTED CONTENT THAT YOU SHARE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE.
Your User Submitted Content will be stored in your personal User User Account (and in the future, your User Dashboard), in a manner that is not viewable by any other user except you (a “Personal User Submitted Content”). By generating User Submitted Content you grant us the above license, as well as a license to display, perform, and distribute your Personal User Submitted Content for the sole purpose of making that Personal User Submitted Content accessible to you and providing the Service necessary to do so.
You agree that the licenses you grant us are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
WHEN YOU USE THE SERVICE, YOU REPRESENT AND WARRANT TO US THAT –
By using the Service and acceptance of these Terms, you hereby assign to the Company all right, title and interest in and to the feedback you may have or be required by the Company to provide in any circumstances regarding the Service, including the right to make commercial use thereof, for any purpose the Company deems appropriate. Such feedback shall be deemed to include, but not limited to, information about product use experience, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, and the Service’s compatibility and interoperability.
CHANGES IN THE SERVICE AND DISCONTINUATION
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Service, which, among other things, may change the Service’s settings, layout, design or display.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, including any features or functionality, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.
You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information, as defined below, that you acquire during your access and use of the Service, without the written approval consent of the Company. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of the Company and no license or other rights in the Confidential Information is granted hereby.
“Confidential Information” shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, App screenshots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulae, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.
CHANGES TO THE TERMS
We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you a text message through the applicable platform, by sending you an email, and/or by some other means.
If you do not accept the amended Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service, we may terminate the Terms and your User Account and block your access to and use of the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT ANY ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WE NOR ANY OF OUR STUFF, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORY, CONSULTANTS, LICENSORS OR SUPPLIERS WILL BE RESPONSIBLE OR LIABLE FOR THE QUALITY, RELIABILITY, NON-INFRINGEMENT, COPYRIGHT COMPLIANCE, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY, ACCURACY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE, WITH RESPECT TO THE SERVICE, ANY USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE OR OUR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, CONSULTANTS, LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, (ii) ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, DEATH OR BODILY INJURY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT, ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE OR IN CONNECTION WITH THIRD PARTY SERVICES SUCH AS SOCIAL NETWORKS OR PAYMENT PROCESS PROVIDERS, YOUR RELIANCE UPON OR THE EXPECTED OUTCOME FROM ANY INFORMATION AVAILABLE ON THE SERVICE, ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE (iii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (a) $100 OR (b) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (iv) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN SOLE RESPONSIBILITY.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our employees, officers, directors, shareholders, advisors, consultants, licensors or suppliers, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service or any content or Information, or from your breach of the Terms. You are solely responsible for content you provide and communicate through the Service, and for all consequences associated with it.
The Service may contain links to content published on websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
TERMINATION OF THESE TERMS
You may, at any time terminate these Terms and your User Account by Providing us written notice of termination via the Service or by writing to us at firstname.lastname@example.org. We may terminate these Terms and your license to use the Service, at any time, by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by us, you must discontinue any and all use of the Service.
GOVERNING LAW & JURISDICTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Delaware, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Delaware.
The state and federal courts located in the state of Delaware will have exclusive and sole jurisdiction and venue over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in these courts and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
The following sections shall survive any termination, or expiration of the Terms: User Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnification, Application Marketplace, Governing Law & Jurisdiction, General.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at email@example.com or through any of our online contact forms.