Terms of Use

These Terms of Use (the “Terms”) govern the use of Fatigue Science’s products, websites, mobile applications, software and services (collectively, the “Services”). These Terms are an agreement between each customer who uses the Services (“You”) and

Sleep Performance, Inc.
dba “Fatigue Science”
1588 – 409 Granville Street
Vancouver, British Columbia
Canada, V6C 1T2
(“Fatigue Science”)

Acceptance

You accept these Terms by executing an online or written order referencing these Terms, by creating a Fatigue Science account, by downloading our mobile app or by otherwise accessing the Services. These Terms may be updated or amended from time to time.

If you have entered into a separate written agreement with Fatigue Science for use of the Services, that written agreement will govern and prevail.

Privacy Policy

Use of your personal information is governed by the Fatigue Science Privacy Policy. Please review the Privacy Policy to understand what personal information is collected and how it is used.

Intended Use of the Services

The Services are intended to provide you with information to help you understand the impact of sleep – its quantity, quality and timing – on your effectiveness in performing tasks especially sensitive to fatigue.

The Services are intended for your personal, non-commercial use. The Services are not intended as a medical application or for healthcare use. Always consult your doctor for any health or medical concerns. Do not use or rely on the Services for medical assessment or diagnosis.

The Services, or portions of the Services, may be amended, updated or discontinued from time to time.

Limitations

Please note that information generated through the Services may not be accurate for every individual or situation. No technology can accurately predict fatigue in all cases for all individuals. In addition, there are many factors, apart from fatigue, that can affect an individual’s ability to perform tasks. For more information about the models and assumptions behind the Services see the SAFTE® Fatigue Model Overview, Assumptions and Limitations.

Access to the Services

Fatigue Science will make the Services available to you as set out in your order for the Services. You may connect to and use the Services with the following:

Fatigue Science’s Readiband® wearable device, or other wearable device approved by Fatigue Science for use with the Services;
A mobile phone, an iPad® mobile digital device or a computer using Fatigue Science’s mobile applications and software; and
Fatigue Science websites.

You are responsible for providing the necessary computer, mobile device and internet access required to access the Services, and all internet and data usage charges related to such use.

If you have any questions about how to access the Services, please contact Support.

User Account

You will need to create a password protected user account in order to access most features of the Services. You are responsible for all activities that occur under your user account. You must:

Keep your User ID and password confidential,
Not allow any other person to use your User ID and password, and
Not provide false identity information to gain access to the Services.

Fatigue Science will not be liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Support if you discover or suspect any security breach related to your account.

Your Data

Fatigue Science maintains industry standard measures to keep your data secure and will use your personal information solely in accordance with the Fatigue Science Privacy Policy.

Fatigue Science may use anonymized, aggregated or non-personally identifiable information about your use of the Services, provided such information does not reveal your identity. Such information may be used for research, for continued development and improvement of the Services, and to provide benchmarking against norms or groups.

Your Responsibility

You are responsible for your use of the Services and for your interpretation and use of the information generated or made available through the Services. This includes, but is not limited to:

Your assessment of your fatigue levels
Your reliance on any information generated or made available through the Services
Determining your fitness to perform any duties, tasks or activities
The effects of other factors such as medical conditions, medications, drug or alcohol use
The results and consequences of any decisions or actions you take based on information generated or made available through the Services, including any claims or disputes

Fatigue Science is not responsible for the decisions and actions you take and does not promise that the Services will meet your specific needs, or be accurate or complete for your particular circumstances.

Many factors can affect your ability to perform certain duties, tasks or activities. For more information on the assumptions and limitations of the Services, see the Limitations section above.

Intellectual Property Rights

Fatigue Science owns, or has obtained the rights to use, all intellectual property rights in and related to the Services. This includes:

the underlying software and technology that operates the Services;
all materials and content posted or made available to you on our website or through the Services, such as our videos, photos, illustrative graphics, text, research, ebooks and blog postings; and
the trademarks: Readiband®, FAST® and SAFTE®.

Fatigue Science grants you a limited license to access and use (ie, display, print, download) the materials and content within the Services solely on your own personal computer or device for your own personal, non-commercial use, provided that:

You do not modify the materials or content provided through the Services; and
You retain and keep intact all copyright, trademark or other proprietary notices.

Prohibited Conduct

You must not:

create internet “links” to any of the Services or “frame” or “mirror” any content on any other server or wireless or internet-based device;
post or transmit any material that is unlawful, harmful, defamatory, obscene, indecent, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy, or otherwise objectionable;
harvest or otherwise collect or reveal information about others, including names and email addresses;
probe, scan or test the vulnerability of the Services or any web site, or breach the security or authentication measures of the Services;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fatigue Science on or through the Services; or
pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Fatigue Science reserves the right to suspend your use of any or all of the Services, or take other appropriate remedial action, to address any Prohibited Conduct or any violation or suspected violation of these Terms.

Termination

Your access to the Services will terminate upon expiration of your subscription to the Services, unless your subscription is renewed. You may also terminate your use of the Services and close your account at any time by contacting Support.

Fatigue Science may terminate or suspend your access to the Services, or suspend or deactivate your account, if you breach any of your obligations under these Terms, or if Fatigue Science discontinues the Services.

Data Retention After Termination

Data is retained for up to three (3) years after expiration or termination of your Service subscription. Upon written request, Fatigue Science will delete your data from the Services; provided however that your data may reside in Fatigue Science backups for up to sixty (60) days after deletion before being fully purged.

Disclaimer

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. FATIGUE SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DURABILITY OR NON-INFRINGEMENT.

Fatigue Science cannot promise, and does not represent or warrant that:

the Services will meet your specific requirements
the Services will be uninterrupted, timely, secure or free from errors, viruses or other defects
information generated through the Services will be accurate, timely, complete or reliable

For our product warranty, see the Limited Product Warranty.

Limitation of Liability

THE TOTAL LIABILITY OF EITHER OF US WILL BE LIMITED TO THE AMOUNT YOU PAID TO FATIGUE SCIENCE FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO FATIGUE SCIENCE.

REGARDLESS OF THE ABOVE, NEITHER OF US WILL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY MATERIALS OR INFORMATION GENERATED OR MADE AVAILABLE THROUGH THE SERVICES.

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 DEPENDING ON WHERE YOU LIVE.

Governing Law

The Services are provided by Fatigue Science from its offices in Vancouver, Canada. All matters relating to your access to and use of the Services will be governed by the laws of the Province of British Columbia, Canada.

Notices to You

Fatigue Science will provide you with notices, alerts and communications regarding the Services and these Terms electronically to the email address and/or mobile phone number associated with your account. You may update your account information at any time by using your account settings.

Contact Us

If you have any questions regarding the Services or these Terms, please contact Fatigue Science through the Support contacts posted on the Fatigue Science website.

Updated: March 1, 2021.