Terms of Service

Terms of Service

Effective: July 1, 2024, unless you agree to the Terms sooner, such as by using the Services. These Terms are effective from the date of your agreement.

The Teddy websites, mobile applications, software, and services (collectively, the “Services”) are provided by Offbeat Apps LLC. ("Offbeat Apps" or “Teddy”) subject to these Terms of Service (the “Terms”) and in accordance with the Teddy Privacy Policy (the “Privacy Policy”). The Teddy websites include the site located at teddysleeptracker.com (the “Site”). The related mobile applications include the Teddy app (the “App”).

Please read these Terms carefully as they govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms.

Providing the Services and the agreement described in these Terms require Teddy to process data about you and other Teddy users, including health, body profile, lifestyle, and non-precise location data. Processing this data is essential to the Services and a necessary part of our agreement with you.

Notice Regarding Dispute Resolution: These Terms include provisions that determine how disputes between you and Teddy are resolved, including an agreement to arbitrate, which will, unless you reside within the European Union, with limited exceptions, require you to submit claims to binding and final arbitration and limit you to claims against Teddy on an individual basis, unless you opt-out in accordance with the instructions below.

Changes to Terms or Services

Teddy reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to change these Terms at any time without prior notice. If we modify these Terms, we will post the modification on the Site or via the App or provide you with notice of the change. We will also update the “Updated” date at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Site or via the App or provided notice of a change, you indicate that you agree to be bound by the revised Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Who May Use the Services

You may use the Services only if you are 16 years of age or older, or the required age in your country, and only if you can form a binding contract with Teddy and are not barred from using the Services under applicable law.

Registration and Accounts

To use certain features of the Services, you must register with Teddy, create an account (“Account”), and provide certain information about yourself as prompted by the registration form.

It is important that you provide accurate, complete, and up-to-date information for your Account and update such information as needed. If you do not, we may have to suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Account. Teddy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Consult Your Doctor Before Use

The Services and Teddy Content are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical, sleep, or heart condition, consult your doctor before using the Services, engaging in an exercise program, or changing your lifestyle. If you experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from the lifestyle choices, exercise activity, consultations, products, or events you learn about through the Services. If you engage in any exercise activity you learn about through the Services, you agree that you do so at your own risk, that you are voluntarily participating in these activities, and that you have consulted your doctor prior to initiating such activity.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing Contact@Teddysleeptracker.com. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Read Our Privacy Policy

Teddy respects your privacy and will handle your personal information in accordance with our Privacy Policy, which can be found at teddysleeptracker.com/privacy. The Privacy Policy describes how we collect, use, and share information from our users. By using or accessing the Services, you agree that we can use and collect your information in accordance with that Privacy Policy.

Premium Membership

Fees:
To access certain features of the Services, you may be required to pay Premium membership fees. These fees, along with any required taxes, may be paid on a periodic basis such as weekly, monthly, quarterly, or annually. All membership fees are payable in advance. Upgrading your membership or adding a new feature of service to your account may result in a new billing date. You agree to pay membership fees and other charges incurred in association with your Teddy account. Teddy reserves the right to change membership fees at any time. Taxes, where applicable, may change in accordance with the law.

Auto-Renewal:
Premium membership fees will be billed automatically at the start of the recurring (e.g., weekly, monthly, quarterly, or annual) period. These fees will automatically renew until your Premium membership is terminated or downgraded. Unless otherwise notified in advance, your membership fee will remain the same as your initial charges. You may cancel your Premium membership at any time as described below.

Free Trials:
Your Premium membership may begin with a free trial. The free trial period for any subscription will last for the duration indicated when you subscribe. If you start your subscription with a free trial, Premium membership fees will begin being billed at the end of the free trial period unless you cancel your Premium membership prior to the end of the free trial period. Any unused portion of a free trial period will be forfeited when a Premium membership is purchased, where applicable. You may cancel your Premium membership at any time as described below.

Cancellation of Premium Membership:
You may cancel your Premium membership by downgrading through the Apple App Store. Premium membership cancellation takes effect at the end of your current billing cycle. When your Premium membership ends, your account will revert to a free membership. You can reactivate your subscription at any time under your existing account without having to open a new account, although Premium membership fees may have changed. You can request the deletion of your account at any time from your account settings. You must cancel your subscription or trial more than 24 hours in advance of the scheduled billing.

Content and Content Rights

Your Content:
The Services may enable you to upload, store, share, send, post, input, or display text, photos, images, video, data, music, regimens, logs, comments, and other information and content (“Your Content”) via or to the Services.

Teddy Content:
“Teddy Content” includes any data, derived data, information, text, graphics, works of authorship of any kind, photos, images, software, mobile apps, video, audio, music, logs, comments, and other content or materials that are posted, inputted, generated, uploaded, created, provided, gathered, or otherwise made available through the Services.

Content Ownership, Responsibility, and Removal:
Subject to the foregoing, Teddy and its licensors exclusively own all rights, titles, and interests in and to the Teddy Content, the Services, and the Services’ underlying technology, including all associated intellectual property rights. You acknowledge that the Teddy Content, the Services, and the Services’ underlying technology are protected by copyright, intellectual property, patent, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Teddy Content. Teddy reserves all rights not expressly granted in these Terms.

Consent to Share Consumption Data with Apple:
‍By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.

Teddy’s Rights:
By using the Services, you grant Teddy a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to (1) use, copy, modify, and create derivative works based upon Your Content you provide to Teddy in connection with operating and providing the Services to you and other users and to (2) publicly display, publicly perform and distribute de-identified instances of Your Content you provide to Teddy in connection with operating and providing the Services to you and other users. The rights you grant Teddy in this “Teddy’s Rights” section are subject to the Privacy Policy.

Teddy may, in its sole discretion, alter, remove, or refuse to display any of Your Content and may forbid you from uploading, storing, sharing, sending, posting, inputting, or displaying Your Content via and to the Services.

Your Rights:
You retain all rights to Your Content that you post to the Services. Subject to your compliance with these Terms, Teddy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) use and access the Services, (2) use and access the mobile applications and software associated with the Services, and (3) use and access the Teddy Content. This license is provided solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Except to the extent permitted by law, you may not perform, attempt to perform, or assist or encourage others in performing any of the following while using or accessing the Services: (1) use, mirror, frame or display the Services or any individual element within the Services, including the design and layout

Reach Out to Us

If you have any questions, please contact us at contact@teddysleeptracker.com.