This End User License Agreement (“EULA”) is an agreement between you and VirtuOx, Inc. (“we” or “us”). This agreement is about your use of any of our products available to you as an End User. These products include but are not limited to the Sleepifi Application and anything that comes with it, like information, services, and features, or other software we make available to End Users. It also includes any documents or materials related to these things, as well as any services or items provided by us or any affiliated companies the “Services.” Collectively we refer to all of these items under this EULA as “Application.”
It’s important to note that this agreement doesn’t cover how you use www.sleepifi.com, which has its own rules in a separate set of Terms and Conditions found at www.sleepifi.com. It also doesn’t apply to any other websites or apps besides the application.
Make sure to read this EULA carefully before using our application. If you tap or click “I agree,” “I accept,” or any similar button or box related to this EULA, or if you install or use our application, you’re agreeing to follow this EULA, and that when you use the application, you will follow all of the rules, requirements, and restrictions in this EULA.
We can change this EULA at any time and for any reason. When we do, the changes will apply from that point onward. We will let you know about these changes using reasonable methods, like putting the updated EULA in the application, or posting it on our website.
Because of this, it’s important to review this EULA from time-to-time. When you download and use a new version of the application, or you keep using the application after we make a change to the EULA, it means you accept the updated EULA.
The “Last Updated” date at the top of this EULA shows the date that it was last changed.
The information and resources you access through the application are made available by us, our suppliers, vendors, and other third parties. You may only use these materials if you agree to this EULA. If you don’t agree to this EULA, you cannot use the application.
This EULA contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By using the application, you agree that you are of legal age to enter into this EULA.
The Sleepifi application is for data transfer only and different than VirtuOx products including ensosleep and ensosleep ppg. The food and drug administration (“FDA”) has not evaluated any of the statements or information made in the Sleepifi application. The Sleepifi application is not intended to diagnose, treat, cure, or prevent any disease.
hile we may correct errors, omissions, or inaccuracies in the application, we are not responsible for the accuracy, reliability, currency, or completeness of information, content, materials, services, products, merchandise, or other resources available through the application. The accuracy, substance, and sufficiency of the product information on the application can’t be guaranteed. There are no guarantees or warranties about the availability, completeness, accuracy, reliability, validity, or timeliness of any of these resources, whether those resources are provided by us or a third party. In all ways, we are providing the application and/or services on an as-is and as-available basis, without any warranty, express or implied, whatsoever. Some jurisdictions do not allow the exclusion of implied warranties. In that case some or all of the above exclusions may not apply to you.
As long as you follow the rules in this EULA, and as long as we allow it, we grant you a limited, non-transferable, non-exclusive license to install and use the application on your device(s), as applicable, for your own personal use. This means that you cannot share or resell access to the application, and you are not allowed to use it for any business or commercial purpose. This license can be taken away by us at any time and for any reason, or for no reason whatsoever.
Remember, you’re using the application based on this license, but you don’t own it. We own all the rights and control over the application, including any changes or updates.
You can end this EULA by stopping use of and getting rid of all copies of the application and related documents. If you break any terms of this EULA or if it’s ended, the rights we granted to you will stop, but some rights that you granted to us will still apply even after this agreement ends.
We may, at any time and for any reason (with or without cause), immediately:
If this EULA ends, the license described above also ends, and you may not continue to use the application. You will need to delete the application. If applicable, you understand that you won’t get a refund for fees or charges you paid for the application.
Our application may contain general medical and pharmaceutical information for educational purposes only and are not financial, legal, or medical advice. The application is not a substitute for medical judgment, advice, diagnosis, or treatment of any health condition or problem. Information received from the application should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
The application does not address all possible uses, actions, precautions, side effects, or interactions of drugs, nor does it provide comprehensive information concerning any particular disease or medical condition. It’s important to talk to a healthcare professional before you make any decisions or take any actions related to your health. If you’re unsure about the risks or benefits of our application, or have questions about a health condition, it’s best to consult a licensed healthcare provider. Don’t ignore, avoid, or delay getting medical advice from a licensed professional because of information you may find in the application.
Getting the right treatment for health conditions depends on many things, like your medical history, diet, lifestyle, and the medications you take. Your healthcare provider knows your individual needs best. Before you start a new diet, exercise routine, or take any supplements, it’s a good idea to talk to your healthcare provider.
When it comes to products like our application or other devices, drugs, herbs, vitamins, or supplements as may be mentioned in the application, you should also look at the information that comes with them (like package inserts). Check for details about how much to use, precautions, warnings, interactions, and any reasons not to use them. We don’t support or confirm, and are not responsible for, claims from manufacturers or others about how well these products work.
When you download the application and turn on Bluetooth™ and/or location services on your device, you’re giving us, and our suppliers or vendors, permission to gather precise location details from your device about you, including to help us and them personalize your service. We will use this information according to our privacy policy which can be found at: Sleepifi-Online Privacy Policy
The application is meant for use within the United States only. The application was designed for and follows the legal requirements within the United States. Different countries have their own laws, rules, and medical practices that you will need to follow, so you may not be permitted or able to use the application in these other countries. Also, parts of the application might not work or be available outside of the United States. Don’t use the application in places where it’s illegal to do so. We might limit who can use the application, and where they can be used, whenever we decide.
You agree that the application belongs to us, and our licensors and suppliers. When you use the application, you are not allowed to:
You agree to use the application legally. You may not disrupt the functioning or use of it in a way that interferes with other users’ use of the application, for example by hacking or defacing any portion of the application, or by engaging in spamming, flooding, or other disruptive activities. You may not use the application to share harmful, offensive, or unlawful content. This includes content that’s threatening, harassing, false, explicit, or discriminatory, or encourages illegal actions.
We can stop or pause your access to the application without telling you. If we think your actions break the law or harm our interests or the interests of other users, partners, affiliates, sponsors, providers, licensors, or merchants we may stop or pause your access to the application without telling you. This is our decision to make.
When you share information, you need to make sure it’s accurate, up-to-date, and true. You’re responsible for keeping this information correct. If you provide info that’s false, inaccurate, or incomplete, or if we suspect it is false, inaccurate, or incomplete, we can suspend or close your account without telling you. This might stop you from using the application. We might do this suddenly. You understand that we can delete your account along with all your account’s information and stop your access to the application. We won’t be held responsible to you or anyone else if this happens.
When you create an account to access the application, you may need to provide a username and password, personal identification number (“PIN”) or, if available on your device, a biometric identifier like a fingerprint or facial scan. These are called “Access Credentials”. You may also allow the application to use technologies like Apple’s Touch ID or Face ID for authentication when you use the application, if those technologies are available on your device. We might not give you an Access Credential if it looks like you’re Impersonating another Individual, if the Access Credential is against the law, if it’s protected by trademark or other rights laws, if it’s offensive, or if it could cause confusion. We’ll decide this based on our judgment.
You understand that if you allow the application to use touch ID or other biometric- based authentication technology, anyone with a relevant biometric identifier (such as a fingerprint, in the case of touch ID) stored on your device may have access to your account and be may be able to use the application (including to make or engage in transactions and to authorize payments).
It’s up to you to keep your Access Credentials safe and secret. You are responsible for all of the activities connected to your Access Credentials. If someone uses your Access Credentials without permission or if there’s a security breach, tell us right away. Don’t let others use your Access Credentials to access the application. We are not responsible for checking if the person using an Access Credential is really who they claim to be. If we think that an Access Credential might not be secure, we may cancel it without providing you with notice. This decision is up to us, based on our own judgment.
You are responsible for making sure you have and pay for all the necessary things to use the application. This includes hardware, software, and any services like internet or telecommunications that you need.
Using the internet for the application might lead to charges from your wireless carrier, internet provider, or other internet access method. These charges are your responsibility. We don’t control these networks. Using them might not be secure and could expose any information that’s sent over your wireless carrier, internet, internet providers, or other internet access method.
The application and its related documents, text, graphics, legends, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, or page headers provided by us through the application (collectively called “Content”) are protected by copyright and other intellectual property laws. Content is owned by us and our licensors and suppliers. You may not remove or change any copyright or trademark notices. Our copyrights and trademarks can’t be used with products or services that aren’t ours, or in a way that could cause confusion or violate our rights.
The application might let you upload or share information and materials, like comments, personal data, text, photos, and images. The things you upload are called “Submissions”. When you upload submissions to the application, you agree to give us a non-exclusive, irrevocable, non-cancellable, royalty-free, worldwide, transferable, and sub-licensable license to use those Submissions for any legal purpose. When you upload submissions, you agree that you own them and that you can grant us this license. We’re not responsible for any Submissions you or others upload through the application. We are not obligated to monitor, check, control, or edit those submissions to make sure they follow the law or this EULA. Some submissions from other users might be offensive, harmful, inaccurate, or misleading. Be cautious and use your judgment while using the application. We are not responsible for submissions posted by other users and have no obligations or liability related to them. We reserve the right to remove any submission for any reason, including if we determine in our judgment that it violates any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the application.
When you send us emails, text messages, or any other electronic messages, you’re agreeing to get responses from us electronically, including through the application. This means that any agreements, notices, disclosures, or other communications we send you electronically meet the legal requirement for written communications.
Any suggestions, feedback, and information you provide to us about the application (collectively called “Feedback”) and any improvements, updates, or modifications that we make to the application in response to your Feedback (collectively called “Revisions”), belong to us. Even if you give us Feedback, it doesn’t give you any rights to the application. You agree to give up any rights you might have in the Feedback, including intellectual property rights like patents, copyrights, and trademarks.
We are not obligated to continue to provide the application. We can change how the application works or stop providing it, at any time with or without telling you.
We might choose to offer updates for the application. If you download or use these updates, you agree to follow the current version of this EULA at the time that you begin using that updated version.
We can’t guarantee that any version of the application will work with all hardware or software versions, including future updates of your devices or their operating systems. The application might not work with your specific hardware or software versions. We don’t promise to make the application compatible with your specific hardware or software.
While using the application, you may provide, and we may automatically collect, information about you and your use of the application. This may include your real-time location, MAC address, and IP address. Our collection and use of such information is governed by our Privacy and Security Policy and Notice of Privacy Practices. The Privacy Policy can be found at www.sleepifi.com
If your device receives push notifications, anyone who can access your device might see those notifications. If you share your device with others, you are responsible for setting it to hide or turn off notifications that you want to keep private.
If available on the application, and you allow it, and the feature is on, a caregiver, or other person as set up through the application, might be able to see your notifications to assist in monitoring your use of the application.
We have the right (but are not required) to monitor the use of the application, including electronic communications related to them. We might share content, records, or electronic communications if allowed by laws, regulations, or in response to government requests, or if it’s needed to run the application, or to protect rights or property.
The application may have links to or provide access to third-party sites, services, products, information, content, materials, merchandise, or other resources (“Third Party Resources”). These links and access are there for your convenience and reference only. We don’t control Third Party Resources, so we’re not responsible for them or any content they provide. Be aware that we don’t guarantee or endorse Third Party Resources, their security, or the accuracy, relevance, timeliness, completeness, or suitability of their information. We can end these links or access anytime. Offering these links or access doesn’t mean we endorse or sponsor Third Party Resources. You’re giving up any claim against us related to these Third-Party Resources. When you use Third Party Resources, you follow their terms, conditions, and policies (like their Terms of Service or Privacy Policies). We aren’t in charge of your privacy or security with these Third Parties. If you choose to use their services, it’s up to them to protect your personal info and handle any unauthorized use or disclosure.
Our entire liability to you and your exclusive remedy with respect to any dispute with us arising from your use of the application is to discontinue your use of the application. You agree that in no event will we be liable for the below:
Some jurisdictions do not allow the exclusion or limitation of damages, so the above exclusion or limitation may not apply to you. In that event, our total liability to you for any damages finally awarded shall not exceed the amount of twenty-five dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Except to the extent prohibited under applicable law, you agree to indemnify, and defend us, and hold us harmless from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the application (including any of your submissions and your use of Third- Party Resources) or any violation by you of this EULA.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below:
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, both you and us each waive any right to a jury trial.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the application infringes your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the application, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices must be sent in writing by mail to VirtuOx, Inc at 5850 Coral Ridge Dr, Suite 304 Coral Springs FL 33076 or by email at: contactus@virtuox.net or by phone at 877-337-7111 Attn: Legal. Notices or counter-notices may also be sent via email to: contactus@virtuox.net
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees.
You agree that you will not export or re-export, directly or indirectly the application and/or other information or materials provided by us under this EULA, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the application may not be exported or re- exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
The application and a related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users as below:
This EULA constitutes the entire agreement between you and us regarding your use of the application. If any term or provision of this EULA is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms of this EULA, or this EULA as a whole, but such a term or provision will be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this EULA. Your obligations pursuant to this EULA will survive termination of your use of the application. The JAMS Rules and the laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the application.
Under California Civil Code Section 1789.3, California users of the application receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You may contact us about the application this EULA by mail at VirtuOx, Inc. at 5850 Coral Ridge Dr, Suite 304 Coral Springs FL 33076 or by email at: contactus@virtuox.net or by phone at 877-337-7111
