{"service":{"name":"Sleep Cycle","url":"https://www.sleepcycle.com/terms-of-use/","lang":"ENG","sector":"Health","hq":"Sweden","hq_category":"EU","is_public":"Private","is_paid":"Paid","date":"04.06.2014"},"document":{"title":"","text":"Sleep Cycle alarm clock >\nTerms of Use\nTerms of Use\nGeneral\nThese Terms of Use govern, together with the Privacy Policy, your use of the Sleep\nCycle alarm clock mobile application (the ”Application”) and related services\nprovided by Northcube AB (”Us”, ”We”).\nBy downloading the Application you agree to be bound by these Terms of Use and\nby completing the online registration process, you confirm and affirm that you\nhave read, understood and agree to these Terms of Use. If you do not agree to\nthese Terms of Use, do not use the Application.\nIntellectual Property Rights\nThe Application and all related trademarks, logos, software and other intellectual\nproperty rights are and shall remain our exclusive property. Your right to use the\nApplication and its content is personal, non-exclusive, non-sublicenseable and non-\ntransferable. Any copying, republication or redistribution of the Application or any\no fits content is strictly prohibited.\nDisclaimer of Warranty\nThe Application and all of its content is provided on an ”As Is” and ”As available”\nbasis and We do not provide any assurances of the availability or usability by you\nof the Application.\nLimitation of Liability\nWe shall not be liable for any errors in any content or for any actions taken in\nreliance thereon. Furthermore, we shall not be liable to you for any interception of\nonline communications, software or hardware problems (including, without\nlimitation, viruses, loss of data or compatibility conflicts).\nSleep Secure Subscription\nWe use cookies. Read more | Accept\n\nYou may at any time terminate your membership, in which case your membership\nwill still be valid for the subscription time you have already paid for. Our auto\nrenewable In-app purchase subscriptions can only be cancelled using the App\nStore or Google Play cancelation services. If you would like to contact Apple,\nplease click here. Subscription fees can be found in the mobile application Sleep\nCycle alarm clock. We reserve the right to change the subscription fees from time\nto time.\nMiscellaneous\nWe reserve the right to, from time to time, in our sole discretion amend these\nTerms of Use. It is your responsibility to review these Terms of Use from time to\ntime to understand the extent of changes. Your continued use of the Application\nconstitutes your agreement to the amended and updated Terms of Use.\nLast amended and updated 4 June 2014.\nHome\n\nHow Sleep Cycle works\n\nAbout Sleep\n\nPress\n\nContact\n\nSupport\n\nPrivacy Policy\n\nCareer\n\nInvestor Relations\n© Sleep Cycle\nWe use cookies. Read more | Accept\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}