Terms & Conditions
1. Introduction
Welcome to My Sleep Hero, a home sleep testing and sleep medicine application powered by EnsoData. These Terms and Conditions govern your use of our app and the services provided. By using My Sleep Hero, you agree to comply with and be bound by these terms.
2. Acceptance of Terms
By downloading, installing, or using My Sleep Hero, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our app.
3. Use of the App
3.1 Eligibility
You must be at least 18 years old to use My Sleep Hero. By using the app, you represent and warrant that you meet this requirement.
3.2 Account Registration
To use certain features of the app, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 User Responsibilities
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.
4. Health Disclaimer
4.1 General Health Information
My Sleep Hero provides information related to sleep health and sleep testing. However, the app is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition.
4.2 No Doctor-Patient Relationship
Your use of My Sleep Hero does not create a doctor-patient relationship between you and any healthcare providers available through the app. EnsoData provides data analysis and results of your home sleep tests, but these results should be interpreted and discussed with your healthcare provider.
5. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of My Sleep Hero, to understand our practices.
6. Intellectual Property
6.1 Ownership
All content, features, and functionality of the app, including but not limited to text, graphics, logos, and software, are the exclusive property of apZme and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use My Sleep Hero for your personal, non-commercial use.
7. Prohibited Activities
You agree not to:
Use the app for any unlawful purpose.
Interfere with or disrupt the app or servers or networks connected to the app.
Attempt to gain unauthorized access to any portion of the app or any other accounts, computer systems, or networks connected to the app.
Use any automated system, including but not limited to robots, spiders, or offline readers, to access the app in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
8. Limitation of Liability
To the fullest extent permitted by law, apZme and EnsoData shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the app; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the app; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our app by any third party.
9. Indemnification
You agree to defend, indemnify, and hold harmless apZme, EnsoData, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the app; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
10. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
11. Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact us at info@apzme.com.