Revised July 23, 2018
Product Registration Process
Any information you provide HANCOCK MEDICAL, INC (DBA BEDDR) shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Application and any information you input to the Application. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify BY HANCOCK MEDICAL, INC (DBA BEDDR) in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults, or children whose use is supervised by a parent and/or legal guardian.
Registration and Account Integrity
a) As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
b) Where we provide an organization with a number of user licenses for the Service, the same terms related to registration and account integrity outlined in this section must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.
c) If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.
Use of Your Information
Not Medical Advice
HANCOCK MEDICAL, INC (DBA BEDDR) does not offer medical advice or diagnoses, or engage in the practice of medicine. Our product or service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service.You are solely responsible for any decisions or actions you take based on the information and materials available through the Beddr SleepTuner or Service. Reliance on any information provided by HANCOCK MEDICAL, INC (DBA BEDDR) or in connection with the Beddr SleepTuner is solely at your own risk.If you think you may have a medical emergency, call your doctor or 911 immediately.
Third Party Services and Sharing of Personal Data
HANCOCK MEDICAL, INC (DBA BEDDR) may provide Users with links to, or contact information for, third party sites or services. HANCOCK MEDICAL, INC (DBA BEDDR) is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.
HANCOCK MEDICAL, INC (DBA BEDDR) may provide API access to customers and partners on a case-by-case basis. We traditionally only provide access to HANCOCK MEDICAL, INC (DBA BEDDR) APIs to professional or enterprise customers (health systems, insurance companies, pharmaceutical companies, ACOs, physicians and other partners). Use of any third party sites and/or services is solely at your own risk.
Rules and Conduct
Alerts Provided By HANCOCK MEDICAL, INC (DBA BEDDR)
HANCOCK MEDICAL, INC (DBA BEDDR) may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made to your Beddr SleepTuner account. Voluntary account alerts may be turned on by default as part of the Beddr SleepTuner account or Beddr SleepTuner application. Some of these alerts may then be customized, deactivated or reactivated by you. These alerts may allow you to choose certain alert messages for your accounts. HANCOCK MEDICAL, INC (DBA BEDDR) may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts on your Apple mobile device.Electronic alerts will be pushed to the Beddr SleepTuner Application, presented when you access the Beddr services with a web browser, through the Beddr SleepTuner application or can be sent to the email address you have provided as your primary email account address for your Beddr SleepTuner account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have certain alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.Because alerts are not encrypted, we will never include your password. However, alerts may include some information about your accounts. Anyone with access to your email or mobile device will be able to view the content of these alerts.You understand and agree that any alerts provided to you through Beddr SleepTuner app may be delayed or prevented by a variety of factors. HANCOCK MEDICAL, INC (DBA BEDDR) will do its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that HANCOCK MEDICAL, INC (DBA BEDDR) shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Commercial Use Requires Separate Agreement
As noted above, the Beddr SleepTuner (including without limitation, any Content) is provided to you for your personal, non-commercial use. If you are interested in using Beddr SleepTuner in a professional or commercial environment including accessing data leveraging Application Programmer Interfaces (API’s), you must contact HANCOCK MEDICAL, INC (DBA BEDDR) to obtain and agree to other written terms and conditions (e.g. a HIPPA Business Associate Agreement/BAA).
Pricing, Plans and Features
For current pricing and plans please see the pricing page located on our website in the section called “Reserve Now”
Payment and Credit Control
a) Purchase of the Beddr SleepTuner charged via the credit/debit card you provided when purchasing the Beddr SleepTuner.
Our return policy will be a “no questions asked” refund for the first 30 days after purchase. For product defects, a free replacement will be provided for the duration of the user’s subscription, after the customer returns the defected product to HANCOCK MEDICAL, INC (DBA BEDDR). The customer is responsible to cover the return shipping costs.
HANCOCK MEDICAL, INC (DBA BEDDR) offers email-based and online support tools. You may access support resources or contact our support by visiting www.beddrsleep.com. HANCOCK MEDICAL, INC (DBA BEDDR) does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by HANCOCK MEDICAL, INC (DBA BEDDR) regarding use of the Services shall not be construed as a warranty.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HANCOCK MEDICAL, INC (DBA BEDDR) AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HANCOCK MEDICAL, INC (DBA BEDDR) (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF HANCOCK MEDICAL, INC (DBA BEDDR) HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In order to use the Beddr SleepTuner, you must download the Application, and create a user account through the Beddr SleepTuner Application. The following shall apply to your use of the Service in connection with the Application:Both you and HANCOCK MEDICAL, INC (DBA BEDDR) acknowledge that this Agreement is concluded between you and HANCOCK MEDICAL, INC (DBA BEDDR) only; and not with Apple or any other manufacturer’s products that you might use to access HANCOCK MEDICAL, INC (DBA BEDDR), and that Apple or or any other manufacturer’s products that you might use to access Beddr SleepTuner is not responsible for the Application or the Content;-The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis. The Application is solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;-You will only use the Application in connection with an Apple device that you own or control;-You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;-In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon such notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;-You acknowledge and agree that HANCOCK MEDICAL, INC (DBA BEDDR), and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;-You acknowledge and agree that in the event of any third party claim that the Application, or your possession and use of the Application, infringes upon that third party’s intellectual property rights, HANCOCK MEDICAL, INC (DBA BEDDR), and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;-You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;-Both you and HANCOCK MEDICAL, INC (DBA BEDDR) acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and-Both you and HANCOCK MEDICAL, INC (DBA BEDDR) acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple/ will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
HANCOCK MEDICAL, INC (DBA BEDDR) may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the HANCOCK MEDICAL, INC (DBA BEDDR) site and/or e-mailed to you. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Beddr SleepTuner after those changes are posted.
If you have any questions regarding the Service, please contact HANCOCK MEDICAL, INC (DBA BEDDR) at www.beddrsleep.com.HANCOCK MEDICAL, INC (DBA BEDDR), Inc. 897 Independence Avenue, Suite 3A, Mountain View, California USA 94043
Effective Date: July 23, 2018