Article 1 (Purpose)

These Terms of Service (the "Terms") govern the use of Apnotrack (the "Service"), a software-based sleep apnea screening aid provided by Asleep Inc. ("Asleep" or the "Company"). The Service is intended to assist Users in identifying signs that may be associated with sleep apnea. The Service does not provide a medical diagnosis, does not treat, cure, or prevent any condition, and is not a substitute for professional medical evaluation, diagnosis, or advice.

Article 2 (Definitions)

The terms used in these Terms are defined as follows:

  1. "User" means a person who enters into a service agreement under these Terms and uses the Service provided by the Company.
  2. "Service" means the "Apnotrack" mobile application (the "App") and all related services provided by the Company as a sleep apnea screening aid, irrespective of the device used.
  3. "Mobile Device" means a device capable of downloading, installing, and running the App and content, including mobile phones, smartphones, PDAs, and tablets.
  4. "ID" means the identifier entered by the User at registration for identification and use of the Service.
  5. "Password" means the combination of characters and/or numbers set by the User and registered with the Service to verify identity and protect the User’s rights and confidentiality.
  6. "Content" means all materials produced digitally by the Company in connection with the Service, including signs, text, voice, sound, images, video, figures, colors, and combinations thereof.

Terms not defined herein shall follow applicable law, service-specific policies, and general commercial practice.

Article 3 (Effect and Amendment of Terms)

(1) These Terms take effect when the Company posts them on its website or App screen, or otherwise notifies Users (e.g., email, consent dialog at login), and a User who agrees to them registers as a User.

(2) The Company may amend these Terms within the scope permitted by applicable law. The Company will announce any amendment, together with the effective date and reasons, from at least 7 days before the effective date until the day prior. Where an amendment is unfavourable to Users, the Company will provide notice at least 30 days before the effective date and notify Users individually under Article 18(1).

(3) If the Company, when announcing an amendment, clearly states that a User will be deemed to have consented unless the User objects before the effective date, and the User does not expressly object, the User is deemed to have consented. A User who does not consent may discontinue use and terminate the agreement.

Article 4 (Formation and Application of the Agreement)

(1) The service agreement is formed when an applicant agrees to these Terms, applies to use the Service, and the Company accepts the application.

(2) The Company may refuse or withhold acceptance in any of the following cases:

  1. The purpose of the application is not the use of the Service as a sleep apnea screening aid;
  2. The application uses a false identity or another person’s name or information;