Terms and Conditions

Last updated: April 9, 2025

Sleep Solutions, Inc. (“Sleep Solutions”, “we”, “us”, “our”) provides our website located at www.springsleep.com (the “Site”) and may operate a Spring Sleep or Sleep Solutions mobile application (collectively, the “Platform”). Your access and use of any part of the Platform, including its content, or any products or services provided through the Platform or otherwise by Sleep Solutions or any affiliated website, software or application (collectively referred to herein as the “Service” or “Services”). Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of the Services and Platform.Agreement to Terms

By using the Services and/or Platform, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, your only recourse is to not use the Services or Platform.

Modifications to Terms and Conditions

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Platform and/or the Site or through other communications as we deem fit. It is important that you review the Terms whenever we modify them, as your continued use of the Services and/or Platform after modification of the Terms is your indication and acknowledgement to us that you have agreed to be bound by the Terms as modified. If you don’t agree to be bound by the modified Terms, your only recourse is to discontinue use of the Services and Platform. Our Services may change over time, with certain features or services being discontinued or modified, in total or in any part of the Services, at any time and without notice, at our sole discretion.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose your information. You acknowledge and agree that your use of the Services and Platform is subject to our Privacy Policy. Sleep Solutions reserves the right to update its Privacy Policy and you acknowledge and agree that your continued use of the Platform and/or Services are subject to any and all updates implemented to the Privacy Policy.  You acknowledge and agree that your only recourse is to discontinue use of the Platform and/or Services. 

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Sleep Solutions will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

The Sleep Solutions System

The Sleep Solutions eXciteOSA device consists of a targeted Neuromuscular Electrical Stimulation (NMES) device which is clinically proven to build endurance in muscles that support the airway during sleep in order to reduce symptoms of mild obstructive sleep apnea (OSA)  (the “Device”).

Who May Use the Services and Platform

Eligibility

You may use the Services, Device and Platform only if you are 13 years or older and are not barred from using the Services, Device and Platform under applicable law, rule or regulation. To make a purchase via the Services or Platform, you must be 18 years or older and capable of forming a binding contract.

Registration and Your Information

If you want to use certain features of the Services and/or Platform you will be required to create an account (“Account”). This may be completed via the Site or Platform.  In certain cases, registration may be accomplished through your account with certain Single Sign-on Services such as Google® or Apple® (each, an “SNS Account”). If you choose to register an account via an SNS Account option, information may be extracted from your SNS Account that may contain certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you will notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account.

Purchases

Fees

When you purchase a Device (a “Transaction”), you may be required to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services and/or Platform will be presented to you before you place your order. 

If you choose to initiate a Transaction via the Services/Platform, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree to pay the applicable fees and any taxes.  Once the Transaction is completed, we will provide you a confirmation email. Your order is not binding on Sleep Solutions until accepted and confirmed by Sleep Solutions. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to dispute any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Sleep Solutions.

Sleep Solutions reserves the right to not process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Sleep Solutions deems appropriate in its sole discretion.

Sleep Solutions also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Sleep Solutions will either not charge you or refund the charges for orders that we do not process or cancel.

Title, Risk of Loss

The risk of loss and title for Products purchased by you pass from Sleep Solutions to you on shipment from Sleep Solutions’s facility.  All shipments are governed in accordance to Sleep Solutions’s standard Shipping Terms.

Warranty

Sleep Solutions follows the manufacturer's warranty which provides a warranty to the original purchaser confirming the product will be free from defects in the material, components and workmanship for a period of 3 months for the mouthpiece from the date of purchase, and 1 year for the control unit. The warranty excludes defects caused by misuse or neglect or arising from wear and tear and applies only to Devices bought directly from Sleep Solutions.

If you have issues with the Device or believe the Device may be defective, you may contact Sleep Solutions regarding repair or replacement of the Device under this Warranty. A defective Device meeting the warranty conditions set forth herein will be replaced or repaired at no charge.

We make no warranty that the Services or Device will meet your requirements. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Return Policy

If for any reason, you are not satisfied with the product you have purchased and you want to return it, please note that Sleep Solutions has a 90-day money-back guarantee policy. To find out how you may return eligible products, please contact us at help@springsleep.com.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or Platform. Sleep Solutions and its licensors exclusively own all rights, titles, and interests in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services, Platform and Content may be subject to and protected by copyright, trademark, and other laws of the United States of America and other 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, Platform or Content.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services and Platform at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@springsleep.com. Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Indemnity

You will indemnify and hold harmless Sleep Solutions and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, Platform or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither Sleep Solutions nor any other party involved in creating, producing, or delivering the Services, Platform, Device, or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Platform, Device or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sleep Solutions has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you, provided, however, that the limitation will apply to the maximum extent permissible under any applicable law, rule or regulation.

In no event will Sleep Solutions’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Platform, Device or Content exceed the amounts you have paid to Sleep Solutions.  The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Sleep Solutions and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws the state of Delaware and, where applicable, the United States of America, without regard to its conflict of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

Agreement to Arbitrate

You and Sleep Solutions agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Platform, Device or Content (collectively, “Disputes”) will be settled by binding arbitration, except that Sleep Solutions retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Sleep Solutions with written notice of your desire to do so by email at help@springsleep.com within thirty (30) days following the earliest date of you first agreeing to these Terms or conducting a Transaction with Sleep Solutions (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Sleep Solutions with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Sleep Solutions with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of Delaware. All parties waives any objection to jurisdiction and venue in said court and acknowledge such court as having jurisdiction over the parties for these matters. Unless you timely provide Sleep Solutions with an Arbitration Opt-out Notice, you acknowledge and agree that you and Sleep Solutions are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sleep Solutions otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The rules that will apply to any arbitration undertaken in accordance with these Terms will be performed in accordance with the rules of arbitration under the American Arbitration Association (AAA) in force at the time when such proceedings are commenced. The place of arbitration is agreed by you and Sleep Solutions to be the state of Delaware, USA.

Should the arbitration agreement be held invalid you accept that any such dispute shall be venued in the state and federal courts of Delaware. 

Changes

Not withstanding the provisions of the “Modification” section above, if Sleep Solutions changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to help@springsleep.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of any communication from Sleep Solutions’s notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sleep Solutions in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Sleep Solutions and you regarding the Services, Platform, Device and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sleep Solutions and you regarding the Services, Platform, Device and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Sleep Solutions’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Sleep Solutions may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Sleep Solutions under these Terms, including those regarding modifications to these Terms, will be given: (i) by Sleep Solutions via email or other form of electronic or physical communication; or (ii) by posting to the Services or Platform. For notices made electronically, including via email, the date of receipt will be deemed the date on which such notice is transmitted.

Sleep Solutions’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sleep Solutions. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, Platform or Devices, please contact Sleep Solutions at help@springsleep.com.