Please read this End User License Agreement carefully before checking the "I Agree" box, downloading, or using Dreem.
This End User License Agreement is a legal agreement between You and Company and governs Your use of the Application.
You acknowledge and agree to be bound by the terms and conditions of this End User License Agreement. If You do not agree to the terms and conditions of this End User License Agreement, You are not allowed to install or use the Application.
The words of which the initial letter is capitalized have the meaning as set out below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End User License Agreement:
By checking the "I Agree" box, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not check the "I Agree" box, do not download or do not use the Application.
If You are using the Application on behalf of a corporate customer of the Company ("Customer"), You represent that You are duly authorized by the Customer to access and use the Application. If You are using the Application on behalf of a Customer, this Agreement as well as Your use of the Application shall be subject to all terms and conditions, including the Terms of Service and the Data Processing Addendum (the "DPA"), entered into between the Customer and the Company (all terms and conditions are collectively referred to as the "Terms").
The Application is licensed to You by the Company for use strictly in accordance with the terms of this Agreement and the Terms (if applicable).
Subject to Your acceptance and compliance with (i) the then-current usage rules applied by Apple as set out in App Store Terms of Service ("Apple Usage Rules"), to the extent applicable, (ii) the Terms, and (iii) the terms and conditions of this Agreement, including without limitation payment of applicable license fees, the Company hereby grants You a revocable, limited, personal, non-exclusive, non-perpetual, and non-transferable right to install and use the Application for the purpose of enabling You to access and use the Application in accordance with the terms of this Agreement and the Terms (if applicable).
You agree not to:
You understand and agree that You are solely responsible for the Content, including any Input You submit or make available through the Application, any Output You use, publish, distribute, or otherwise exploit, any entries and information You transmit through the Application, and all activity that occurs under Your account.
You may not transmit, submit, upload, prompt, generate, use, or otherwise make available any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
The Company reserves the right to disable, delete, remove, or restrict access to any objectionable content, including where the Company reasonably believes that it violates applicable law, third-party rights, this Agreement, or creates a security, abuse, or compliance risk. The Company may also limit, suspend or terminate Your use of the Application if You post, submit, generate, or use such objectionable content or Content.
As the Company cannot control all Content posted by You and/or third parties on the Application (engaged, authorized or provided access by You), You agree to use the Application at Your own risk. You understand that by using the Application You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any objectionable content, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.
The Company's sole obligation under this Agreement is to make available the Application "as-is".
In registering or logging into Your account on the Application, You agree to (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form; and (ii) maintain and promptly update the registration data to keep it true, accurate, current and complete.
You represent that You are (i) at least eighteen (18) years old or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of Your primary residence; and (ii) not a person barred from using the Application under the laws of Your place of residence or any other applicable jurisdiction.
You may not share Your account or password with anyone, and You agree to notify the Company immediately of any unauthorized use of Your password or any other breach of security.
If You provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Application. You agree not to create an account using a false identity or information.
You acknowledge that the Application is licensed, not sold, to You. You do not acquire any ownership interest in the Application under this Agreement, or any rights to the Application other than the right to use the Application in accordance with the license expressly granted under this Agreement and subject to the Terms.
The Company and/or the Company's vendors reserve and retain all rights, title, and interest in and to the Application and all intellectual property rights arising out of or relating to the Application, including, without limitation, copyrights, patent rights, trademark rights, and know-how.
You may provide the Company with comments, questions, suggestions, recommendations, bug reports, test results, error reports, usability information, ideas for new features or functionality, or other feedback relating to the Application, whether by mail, email, telephone, or otherwise.
You agree that the Company is free, but not required, to use any feedback for any purpose whatsoever, including in connection with the Application, any subsequent commercial release of the Application, or any other software, product, technology, or service made available now or in the future in connection with the Company's business operations. Such use may be made free of charge, without attribution, compensation, royalties, restrictions, obligations, or conditions, and may include the right to use, improve, develop, modify, alter, disclose, reproduce, make available, license, sublicense, transfer, distribute, market, sell, and otherwise exploit the feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein.
To the extent any feedback is subject to intellectual property right protection, You hereby assign and transfer to the Company, free of charge, irrevocably, perpetually, and globally, all right, title, and interest in and to such feedback, including all intellectual property rights and proprietary rights therein. To the maximum extent permitted by applicable law, any statutory restrictions on the assignment, transfer, use, modification, or exploitation of such feedback are expressly excluded or waived.
The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.
You acknowledge and agree that the Company is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
You must comply with applicable third parties' terms and conditions when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy and DPA (if applicable). You should avoid uploading unnecessary personal data to the Application, and where You upload or otherwise make available personal data, You represent and warrant that You have a lawful basis and all required rights, consents, notices, and safeguards for such processing and use.
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy and DPA (if applicable).
This Agreement shall come into force and be effective as of the date of Your first installation of the Application ("Effective Date").
The Company may terminate or suspend Your license to use the Application immediately upon Your material breach of this Agreement if such breach, where capable of cure, is not cured within fifteen (15) days of written notice to You. The Company may also suspend or restrict access to the Application where reasonably necessary to address suspected fraud or abuse, security risk, infringement of third-party rights, legal compliance, or violation of this Agreement.
If You are using the Application on behalf of a Customer, the Company may further terminate or suspend Your license to use the Application immediately upon:
Upon termination of this Agreement, irrespective of the reason for such termination, You shall immediately cease all use of the Application and delete all copies of the Application from Your Device. You acknowledge and agree that, upon termination of this Agreement for any reason, the Company is entitled to delete You as a user.
The Application is standard software and is made available by the Company "as-is" with all faults and defects and the Company disclaims any and all warranties whether statutory, express or implied to the maximum extent permitted by applicable law, except for any limited warranties set forth in the Terms, if applicable.
Without limiting the foregoing, You acknowledge that the Application may produce Output that is incomplete, inaccurate, misleading, inconsistent, non-unique, infringing, or unsuitable for Your intended use, and that errors or "hallucinations" may occur. You must independently review and verify all Output, including claims, depictions, labels, sizes, colors, compliance statements, and other attributes, before publishing, distributing, relying on, or otherwise using such Output.
To the maximum extent permitted by applicable law, and except to the extent otherwise expressly set out in the Terms (if applicable), the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, business, goodwill, data, Content, or anticipated savings, arising out of or in connection with this Agreement or the use of, inability to use, or reliance on the Application, whether based on contract, tort, negligence, strict liability, statutory liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
This section applies only if You use the Application after downloading the Application through Apple's App Store. For purposes of this section, "Apple" means Apple Inc., or any legal entity affiliated with Apple Inc.
You acknowledge that this Agreement is concluded between You and the Company only, and not with Apple. The Company, and not Apple, is solely responsible for the Application and its content.
For the avoidance of doubt, You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranties, You may notify Apple, and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility (if any).
In the event of any discrepancy between the terms and conditions of this Agreement and the applicable Apple Usage Rules, the Apple Usage Rules shall prevail vis-à-vis Apple and You.
Apple is a third-party beneficiary of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall any waiver of a breach constitute a waiver of any subsequent breach.
The Company may assign this Agreement without Your consent.
You grant the Company a general authorization to engage sub-processors to fulfil the Company's contractual obligations. The Company's current list of sub-processors is available at: https://dreem.ai/legal/subprocessors.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Any questions, complaints, or claims must be forwarded by You to the Company's email address [*] or such other email address as may be designated by the Company in its sole discretion from time to time.
This Agreement shall be governed by and construed in accordance with Danish law, excluding (i) any rules concerning choice of law and (ii) the UN Convention on Contracts for the International Sale of Goods ("CISG"), which shall not apply. Any disputes arising from this Agreement shall be subject to the jurisdiction of the ordinary Danish courts. The aforesaid choice of law and venue shall, however, not apply to the Company's application of any preliminary remedies enforcing the Company's rights, including without limitation filing for grant of a preliminary injunction and/or securing of evidence.
The Agreement and the Terms, if applicable, constitute the entire agreement between You and the Company regarding Your use of the Application and supersede all prior and contemporaneous written or oral agreements between You and the Company.
The Company may update this Agreement from time to time to reflect changes to the Application, law, or risk controls. Updated terms will apply upon renewal, upon Your acceptance, or as otherwise permitted by this Agreement and applicable law.
You may be subject to additional terms and conditions that apply when You use or purchase the Company's other services, which the Company will provide to You at the time of such use or purchase.