Made with love by SoFriendly
Effective Date: 1/10/2023
General terms
Please read this Terms of Use Agreement (these “Terms”) carefully before using MySleepCircle.com (the “Website”). Your use of the Website constitutes acceptance of these Terms and forms a legally-binding contract between you and SoFriendly LLC (the “Company”), the owner of the Website.
If you do not agree to these Terms, immediately discontinue use of the Website.
Your agreement to these Terms also includes your agreement to the terms of our Privacy Policy, which is incorporated by reference into this Agreement and is therefore an integral part of this Agreement.
The Company may change these Terms, at any time, without prior notice to you, by posting a new version. The new version will become effective on the date it is posted, which will be listed at the top of the Terms as the Effective Date. It is your responsibility to review these Terms and the Privacy Policy periodically. Your continued use of the Website after the Effective Date is your acceptance of the new Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Website.
Age and geographical restrictions
If you use the Website, you are agreeing that you are at least 18 years old and that you are not using the Website from a geographical region where its use is illegal.
The Company does not represent that this Website is appropriate for use in all parts of the world. Use of this Website from locations where its contents are illegal is not authorized and expressly forbidden.
The Website provides notification services (the “Services”) for sharing your sleep data from Oura with anyone who subscribes to your page. The Company provides the Services for your private use and does not constitute as medical advice or emergency services. Your Sleep Circle page is a publicly accessible link so do not share this link with anyone you do not personally know and trust.
Warranties and disclaimers
The Services are provided “as-is,” and the Company does not make any representation or warranty with respect to such Services. The Company disclaims any implied warranties, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. In addition, the Company does not represent or warrant that the Services: (i) will be secure, timely, uninterrupted, or error free; or (ii) will meet your requirements or expectations. These disclaimers form an essential part of these Terms. No use of the Services is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Services, inaccuracy, error, or omission, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Services will be limited to the amount paid for the Services.
Indemnity
You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Services, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
These Terms will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Force Majeure
The Company will not be liable for damages or any delay or failure of delivery of the Services arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User submissions to the Company
The Company welcomes your feedback with regard to the Website and our Services. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Privacy
Please review the Website’s Privacy Policy which is incorporated by reference into these Terms. This Privacy Policy governs your use of the Website.
Privacy Policy
Effective Date: 01/10/2023
SoFriendly LLC (the “Company”) collects certain information about you through MySleepCircle.com (the “Website”). The Company cares about your privacy and this Privacy Policy describes our policies and procedures surrounding the collection and handling of any information we collect from you.
Your use of the Website constitutes an acceptance of this Privacy Policy and forms a legally-binding contract between the Company and you. If you do not agree to the terms of this Privacy Policy, immediately discontinue use of the Website. In addition, to revoke consent to the use of your information and to have your information removed from our database, contact us using the contact information listed at the end of this Privacy Policy and your information will be deleted.
Any capitalized words not expressly defined in this Privacy Policy have the meanings assigned to them in the Terms of Use agreement of which this Privacy Policy forms an integral part.
Information we collect
The Website collects two different kinds of information from you:
Methods of collection
The Company collects your information both actively and passively. Active data collection occurs when you enter your information when you are creating an account on the Website. Passive data collection occurs without your affirmative consent by the Website’s use of analytic and reporting technologies.
Actively collected PII
We collect your name, e-mail, photo (if uploaded) and phone number (if entered) when you register with the Website. These data items are considered PII because each of them could be used individually to identify you or to contact you. We also collect the data sent from the Oura API such as sex, age, weight and your daily sleep information. This information is stored in our database and is only passed to 3rd party providers for distribution to your subscribers list. We do not view, sell, or otherwise run analytics on this data. The sole purpose of this data collection is for the notification of your subscribers. You may request that your data be removed from our service at any time.
Passively collected PII
We will never collect PII without your affirmative consent.
Passively collected non-PII
We collect certain anonymous information about your use of the Website. Examples of this anonymous information are: your operating system, the date and time of use, geographical information, and device type. This is not an exhaustive list of the types of passive non-PII we may collect; it merely provides examples.
Use of your information
The PII we collect from you may be used to communicate with you. We do not sell your PII to any third parties.
The non-PII we collect from you may be used in any of the following ways:
The Company will never link your PII with your non-PII in a way that would allow us to identify your behaviors on a personal level. As an example, the Company will not keep a record of how may times you have personally used our Website. Instead, the Company may conglomerate your usage statistics with those of others to look for trends.
Protection of your information
The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. No security measures are 100% reliable, however, so the Company cannot guarantee the security of your PII.
The Company will never send you any communication (e-mail or otherwise) asking for your Oura username or password. If you receive any such communication that looks like it is from the Company, do not respond to the communication and immediately report the communication using the contact information at the end of this Privacy Policy.
Third-party access to your information
The Company may provide your information to the following third parties:
Service providers. The Company may disclose your PII to service providers who maintain our Website and to service providers who process our payments. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes, in good faith, follow acceptable privacy and security policies.
Legal enforcement. The Company may disclose your PII to investigate or enforce violations of our rights. The Company may also disclose your PII to protect the security of our Website. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal proves or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.
Successors. The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely event of a bankruptcy, reorganization, receivership, assignment, or any application of creditor’s rights.
Correction or removal of your information
You may update and/or correct your information, including your PII, by contacting the Company (using the contact information at the end of this Privacy Policy) to request such modifications. The Company will require you to provide identification prior to the Company’s making such changes. The Company reserves the right to refuse any requests that are overly repetitive or that require unreasonable time or effort on the part of our technical team. In addition, the Company reserves the right to refuse any request that undermines the privacy rights of others.
Policy with regard to children
The Company will not knowingly collect any information from children under the age of thirteen (13) as is consistent with the Children’s Online Privacy Protection Act (“COPPA”). If, as a parent or guardian, you discover your child under the age of thirteen has supplied the Company with PII, you may contact the Company and we will remove your child’s information from our database. In this communication with us, please provide the username and password used by your child to enter their PII onto our Website.
Changes to this Privacy Policy
The Company may change this Privacy Policy at any time, without prior notice to you, by posting a new version. The new version will become effective on the date it is posted which will be listed at the top of the policy as the Effective Date. Your continued use of the Website is your acceptance of the new terms of the Privacy Policy.
If the Company makes any modifications to this Privacy Policy that are materially less restrictive with regard to the Company’s use or disclosure of your PII (for example, if we decide to start selling your PII to third parties), the Company shall notify you and ask for your permission before continuing to use your PII under the new terms.
Contact Information
SoFriendly LLC
e-mail: hello@sofriendly.com