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Somnify User agreement

This document (the “Agreement”) is a legally binding agreement between you and Mobile health Limited, a company registered in Iceland that governs your use of www.somnify.no and all associated subdomains (the “Website”). One component of the Website is the online self-help sleep improvement programme with associated online community and expert articles. All terms governing the Website also apply to the services of Somnify. The Website and the service of Somnify are both owned and managed by Somnify. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Website and/or the service of Somnify. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Website nor may you use the service of Somnify. The terms “we”, “us”, “our” and “ours” when used in these terms mean Somnify, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Somnify. The terms “you”, “your” and “yours” when used in these terms mean any user of the Website.

1. Contract formation

By using the Website and/or by creating a Somnify user account you confirm that you are 18 years of age or more, that any registration information that you submit to Somnify is true, accurate and complete, that you will update such information in order to keep it current, that you have read and agree to the terms and conditions contained in this Agreement, our Privacy Policy and our Posting Policy (both of which are hereby incorporated into this Agreement) and that you shall be legally bound by such terms subject to all applicable laws and regulations.

2. Understanding Somnify

You acknowledge and agree that the service of Somnify is a personalised self-help system designed to help you improve your own sleep and that if you choose to access the service of Somnify you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. You also acknowledge and agree that the service of Somnify is not intended to diagnose or address any medical problem and the material on the Website, whether posted by Somnify employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Website or service of Somnify then the former should take precedence.

3. Grant of right of use

Certain content and features of the Website are only available to individuals who pay an applicable fee (“Paid for Services”). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the Website and service of Somnify in respect of which you have paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.

4. Prices and payment

All prices stated on the Website are inclusive of applicable taxes and fees. Somnify may change the prices of Paid for Services from time to time. Any price change will be published on the Website. You understand that only you may use your user account, and that your subscription to any Paid for Service is only valid for your own personal, non-commercial use and may not be shared with others. All payments are processed securely via Paymill. We do not store credit card details. You represent that you are the owner, holder and authorised user of the credit or debit card specified by you and you agree that we are authorised to take payments from your account as and when you purchase our services. As soon as you submit payment information you will receive a receipt from us via email.

5. Refunds

If you have purchased a subscription to any Paid for Service from the Website you have the right to cancel your purchase and receive a full refund up to the price you paid for the service entitlement within 14 days of creating a Somnify user account. After the 14 day period has elapsed, given the immediate nature of access to Paid for Services, you no longer have the right to cancel your purchase or receive a full or partial refund. If you wish to claim a refund, you must inform us in writing by sending an email to the below address stating the reason for the refund. You must include your email address, full name and date of purchase. Following receipt of your refund request, and on condition that you qualify for a refund under the terms of this Agreement, Somnify will send you an email confirming approval of the refund, following which payment shall be made within 30 days. Refunds will only be made to the card or Paymill account used in the original transaction. Once a refund has been made for a Paid for Service you will no longer have rights to access the content and features of that service.

6. Changes to the Agreement

Somnify reserves the right to vary this Agreement from time to time by amending this page. Any material amendments intending to bind an existing user of the service of Somnify shall become effective after notification has been displayed for 7 days on such user’s account page.

7. Your health and Somnify

You are urged and advised to seek the advice of a doctor before beginning any sleep improvement programme. If you are concerned about your sleep problem, or if you frequently struggle to stay awake during the day, or if you are pregnant, or if you fall asleep during the daytime without intending to, or if you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious in making any changes to your sleep pattern if you have any serious mental health condition including (but not limited to) depression, bipolar disorder or schizophrenia. Likewise, be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. If you feel excessively sleepy during the day for any reason do not take risks in driving or operating machinery or other equipment. Always seek professional medical advice when contemplating any changes in your prescribed medicines. Dr. Harald Hrubos-Strøm is responsible for health information provided on the Website and contained within the service of Somnify. Care has been taken to confirm that the information presented by Dr. Harald Hrubos-Strøm and other Somnify authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the Website, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.

8. Privacy

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. In order to access the Paid for Services, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorised disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorised use of your account. The service of Somnify contains functionality that allows you to upload content to the Website in a public area (including, but not limited to, the online community). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in the public area. In case you want your personal data deleted please inform us via email: somnify@somnify.no.

9. Intellectual Property Rights

The layout, design, content and graphics on the Website and the service of Somnify are protected by Icelandic and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the Website may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. If you print off or download any material from the Website in breach of these terms of use, your right to use the Website and the service of Somnify will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission. The Somnify logo, seen at the top of this page, and the name "Somnify" are trademarks owned by Mobile health Limited. Any use, including, but not limited to, framing, meta tags or other text using the Somnify logo or the Somnify name or other trademarks displayed, is strictly prohibited without our prior written consent.

10. Prohibited uses

You agree that you will not use the Website to:

You also agree not to:

11. Breach of the Agreement

We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the Website. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.

12. No warranty

The use of the Website and service of Somnify (including but not limited to their content and features) is at your own risk. The Website is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Somnify gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Website or the service of Somnify or to the accuracy of the information contained in any of the materials on the Website or the service of Somnify. Somnify shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the Website. There is no guarantee of availability of information on the Website at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Somnify shall create any warranty on behalf of Somnify in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.

13. Limitation of liability

To the fullest extent applicable permitted by applicable laws, Somnify, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the Website or service of Somnify, even if you have advised Somnify about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the Website by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Somnify (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the service of Somnify. Any claims arising out of or in connection with your use of the Website must be brought within one year of the date of the event giving rise to such action occurred. Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.

14. Technology limitations and modifications

Somnify will make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. Somnify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Website with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the Website (or any part thereof) as soon as practicable. Following any disruption within Somnify’s reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.

15. Third parties

We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider. Description of or reference to any organisation, product, practitioner, publication or link to an external website does not imply endorsement by Somnify. Equally the omission of any such names does not necessarily indicate a lack of endorsement by Somnify. Your correspondence or participation in promotions, or business dealings with advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any direct or indirect loss or damage of any sort, incurred, or alleged to have been incurred, as the result of any such dealings, or as the result of the presence of such advertisers on the Website. Certain hypertext links in this site may lead to other third party websites, which are not under the control of Somnify. When you activate any of these you will leave the Website and Somnify has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Somnify. Somnify does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.

16. Indemnity

You agree to indemnify and hold Somnify and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the Website (and all related materials) or any applicable laws, regulations or third party rights.

17. Assignment by Somnify

Somnify may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.

18. Entire agreement

This Agreement (incorporating these terms and the Privacy Policy and the Posting Policy as may be updated from time to time) constitutes all the terms and conditions agreed upon between you and Somnify and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to Somnify are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Somnify not contained in this Agreement.

19. Severability and waiver

If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20. Term and termination

This Agreement is between you and us only and will become effective when you start using the Website or when you create a Somnify account and will remain effective until terminated by you or Somnify. Somnify reserves the right to terminate this Agreement or suspend your Somnify account at any time in case of unauthorised, or suspected unauthorised use of the Website whether in contravention of this Agreement or otherwise. If Somnify terminates this Agreement, or suspends your Somnify account, for any of the reasons set out in this section, Somnify shall have no liability or responsibility to you whatsoever, and Somnify shall not refund any amounts that you have paid.

21. Governing law and disputes

The Website is controlled by Somnify from its offices in Iceland and Norway. Access to, or use of, the Website, including the service of Somnify and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Website. We make no representation that the information contained herein is appropriate or available for use in other locations. This Agreement and any contract between us, whether for use of the Website or other purpose, and any non-contractual obligations (if any) arising out of or in connection with these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of Norway have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.

22. Survivorship

The following provisions shall survive termination of this Agreement: Clause 9 (Intellectual Property), Clause 13 (Limitation), Clause 16 (Indemnity), Clause 18 (Entire Agreement), Clause 19 (Severability and waiver) and Clause 21 (Governing Law and Disputes).

23. Contact

You can contact us via the following details:

Email: somnify@somnify.no

Post: Mobile health Ltd. Smáratorgi 3, Postal code 201, Kópavogur, Iceland, Phone +354-499-1005