Please read these terms of service carefully before using the Services.
BY USING THE SERVICES OFFERED ON THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP SERVICES.
1. Who we are and what these terms are for
Information about us
We are Cambridge Sleep Science (“CSS”, “we”, “our” and “us”) a company registered in England and Wales under company number 12401790 and with our registered office at 115b Innovation Drive, Milton, Abingdon, England, OX14 4RZ.
- How to contact us. If you wish to contact us, you can email us at support@sleepengine.com.
- How we may contact you. If we have to contact you or give you notice in writing, we will do so by e-mail, using the email address you provide to us.
What these Terms are for
This page tells you important information about the legal terms and conditions (“Terms”) for your use of the SmartPillow SleepEngine app services which provides sleep audio delivered using a unit embedded within a pillow (the “Services”).
CSS license you to use the SleepEngine mobile application software (the “App”), and any updates or supplements to it. You may access the Services via the App. You may find out further information about our Services through the App, or by visiting our website, found at cambridgesleepsciences.com (the “Website”). When you access our Website, you shall be bound its Terms of Use, found here: cambridgesleepsciences.com/terms-of-use/.
These terms and further information
You can find everything you need to know about us and the Services on our App, Website, and in these Terms before you sign up. We confirm the key information to you in writing after you register for the Services in your online account.
By using our Services, you accept these Terms
By using our Services, you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services.
There are other terms which may apply to you
Our Terms. These Terms refer to the following additional terms, which also apply to your use of our Services:
- Our Privacy Policy, found at cambridgesleepsciences.com/app-privacy
App store terms also apply. The ways in which you can use the App may also be controlled by the rules and policies of the Apple App Store and Google Play (or another app store you may use as applicable to your device).
2. Important information
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these Terms you may:
- only download or stream the App onto your personally owned device or business device issued to you personally, and singularly controlled by you to view, use and display the App and the Service on such devices for your personal purposes only. If you are using the App on a business device you must ensure the App is deleted before you return any device.
- provided you comply with these Terms, you may make one copy of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above, in the How you may use the App, including how many devices you may use it on section. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We may update our App or make changes to our Services
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system, address changes to our content, our users’ needs and our business priorities, or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. Every time you wish to use our Services, please check these Terms to ensure you understand the terms that apply at that time.
We may suspend or withdraw our Services
We do not guarantee that our App, your ability to access the Services through the App, or the Services themselves, will always be available or free from interruption. We may suspend or withdraw or restrict the availability of all or any part of our App or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You are also responsible for ensuring that all persons who access our App or the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. You may access our App and use our Services only for lawful purposes.
How we may use your personal information
We will only use your personal information in accordance with our Privacy Policy, which can be found here: cambridgesleepsciences.com/app-privacy.
Which country's laws apply to any disputes?
These Terms are governed by the laws of the country in which you, as a consumer, are located and in which the registration of the Services takes place, provided that you are domiciled within the UK or the EU. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are resident of Scotland, you may also bring proceedings in Scotland, or if you are a resident of an EU member state, you may bring proceedings within the member state within which you are domiciled.
3. Signing up to the Services
To access the Services, you must register as a user. Registration can be accessed via our App. To register you must provide personal information including but not limited to your first and last name, an email address, date of birth, and password. You are solely responsible for maintaining the confidentiality of your account (including restricting access to your device used to access the Services) and password. You may not register more than one account.
All information submitted must be true and accurate, including that you are legally capable of entering into these Terms and maintaining the account.
The Services are developed for individuals who are 18 years of age, or older. If you are under 18, you may not access the Services, and we reserve the right to terminate an account of an individual who we reasonably suspect is under 18 years old.
4. Access and use of our Services
How you may use the Services offered through our App
We are the owner or the licensee of all intellectual property rights of our App and Services, which includes any material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may access and make personal use of the Services, and you may draw the attention of others to content posted within the Services. This does not include any collection and use of any descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools, except with our express written consent.
Our status (and that of any identified contributors) as the authors of content of our Services must always be acknowledged (except where the content is user-generated).
You must not use duplicate, copy, sell, resell, visit, or otherwise exploit any part of the content of our App or Services for resale or commercial purposes without obtaining a licence to do so from us or our licensors. Nor should any portion of the Services be used by you to express or imply our endorsement without prior written consent, especially but not limited to, the use of images. You may not frame or use framing techniques to enclose any trademark, logo, or our proprietary information (including images, text, page layout, or form) without our express written consent.
You must not download or modify the Services or any portion of it in any way other than for the purposes of page caching. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of the App or Services in breach of these Terms, your right to use the Services (and access the App) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorised use immediately terminates the permission or licenses we grant you in these Terms.
Our trade marks are registered
Cambridge Sleep Sciences, SleepHub, and CSS logo are UK registered trade marks of Cambridge Sleep Sciences Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use materials offered through our Services above.
We are not responsible for websites we link to
Where our App or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our App or any materials provided via, or in relation to, our Services. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This restriction shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our App or Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and other platforms to access our App and Services. You should use your own virus protection software.
You must not misuse our App or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored, or any server, computer or database connected to our App or Service. You must not attack our App or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App and Services will cease immediately.
Prohibited uses
You may not use our App or Services:
- in any way that breaches any applicable local, national or international law or regulation.
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
- to bully, insult, intimidate or humiliate any person.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards we make available from time to time.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- in any way that involves child sexual exploitation or abuse.
- to upload terrorist content.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our App or Services in contravention of the provisions of these Terms.
- not to access without authority, interfere with, damage or disrupt:
- any part of our App or Services;
- any equipment or network on which our App or Services are stored;
- any software used in the provision of our App or Services; or
- any equipment or network or software owned or used by any third party.
Acceptable use restrictions
You must:
- not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Services;
- not use the App or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running of our Services.
We’re not responsible for delays outside our control
If our supply of the Services is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Support Team at support@sleepengine.com to end the contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.
5. Your legal rights
Right to change your mind
For most of the Services you obtain online you have a legal right to change your mind about the services you have obtained. This is subject to some conditions. You can't change your mind about an order for digital products, after you have started to download or stream these.
You can end your Services (find out how)
You may end your your Services at any time by logging into your App, going to the Settings section and selecting 'Delete Account'. When selecting this, your account and all linked data will be deleted. If you have any questions, please contact our Customer Support Team at support@sleepengine.com.
You have rights if there is something wrong with your Services
If you think there is something wrong with your Services, you must contact our Customer Support Team at support@sleepengine.com. We honour our legal duty to provide you with Services that are as described to you on our website and that meet all the requirements imposed by law.
Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
6. Our legal rights
We can change Services and these Terms
Changes we can always make. We can always change a Service:
- to reflect changes in relevant laws and regulatory requirements.
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Services; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you registered for it. We might ask you to install these updates.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the Services or these Terms, but if we do so we'll notify you:
- variation to the description of the Services;
We can suspend supply (and you have rights if we do)
We can suspend the supply of part or all of the Services. We do this to:
- deal with technical problems or make minor technical changes;
- update the Services to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Services.
We let you know in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 1 month you can contact our Customer Service Team for more information at support@sleepengine.com.
We can withdraw Services
We can stop providing any or all of the Services. We let you know at least 30 days in advance.
We don't compensate you for all losses caused by us, our App, or our Services
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your registration for the Services meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in these Terms.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
7. Medical disclaimer
The Services CSS offer is provided for informational purposes only. Any information contained within the Services should not be relied upon as medical advice. The information is not intended, nor is it implied to, diagnose, prevent or treat any ailment, disease or condition. In no circumstances is it to be considered as a substitute for professional medical care.
CSS is not licenced to be a medical care provider. As such it does not, and will never, engage in diagnostic examinations, or purport to treat medical conditions of any kind. No Service offered by CSS is a prescribed treatment or determines the effectiveness of a medical treatment on a particular condition. You must not disregard any professional medical advice received as a result of any information provided through your use of the Services.
CSS is unable to provide emergency services of any description, and there is no obligation created by you using the Services for CSS to contact anyone on your behalf.
CSS does not provide any warranty, assurance, or representation as to the adequacy of any information, and is not responsible for the accuracy, effectiveness, reliability, or correct use of any of the Services it offers.
Should you have any concerns before using the Services or as a result of using the Services you should consult a medically trained professional.
The Services may not be fit for a particular individual’s purpose, meaning they are not suitable for everyone’s use. Do not use the Services while operating heavy machinery (such as a car) or while your attention for any other activity is required.
8. General
Support and how to resolve a dispute with us
Support. If you want to learn more about the App or the Services or have any problems using them, please take a look at our support resources found at cambridgesleepsciences.com/mammoth-smartpillow.
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us, our App, or our Services
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Centre for Dispute Resolution (CEDR) through their website at https://www.cedr.com/. CEDR does not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our Services
We can transfer our Services so that a different organisation is responsible for supplying the Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the Terms.
Nobody else has any rights under the Terms. These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Version 1, updated December 2024