Terms of Service

1. Eligibility & Acceptance

You may use our Services only if you can form a binding contract with DEEPdormir and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not barred from using the Services under any applicable law
• If you are using the Services on behalf of another person (such as a family member), you have their authorization to do so and agree to these Terms on their behalf
• All information you provide to us is accurate, current, and complete

2. User Accounts

To access certain features of our Services, you may be required to create an account. When you create an account, you must provide accurate and complete information. You are responsible for:

• Safeguarding your account credentials, including your password
• All activities that occur under your account, whether or not you authorized them
• Notifying us immediately at support@deepdormir.com of any unauthorized use of your account or any other security breach
• Ensuring that you log out of your account at the end of each session when accessing the Services on a shared or public device
• Keeping your account information (including contact and insurance details) accurate and up to date

We reserve the right to disable, suspend, or terminate any account at any time if we reasonably believe that you have violated these Terms, or if your account has been compromised.

3. Medical Disclaimer

Never disregard professional medical advice or delay in seeking it because of something you have read on our website or received through our Services, including information from our AI chatbot assistant (AVA). If you think you may have a medical emergency, call your doctor, go to the nearest emergency room, or call 911 immediately.

While we provide telehealth consultations with licensed healthcare providers, you acknowledge that:

• These consultations are limited to sleep apnea assessment and treatment within the scope of our services
• Our Services do not establish a comprehensive doctor-patient relationship outside the specific context of sleep apnea care
• Your treatment plan is developed based on the information you provide and the results of your home sleep test — the accuracy and completeness of this information directly impacts the quality of care
• DEEPdormir does not guarantee any specific medical outcome or treatment result
• Sleep apnea treatment, including oral appliance therapy, may not be appropriate or effective for all patients

4. Telehealth Services & Informed Consent

Our telehealth services connect you with licensed healthcare providers for sleep apnea assessment and treatment. By using our telehealth services, you acknowledge, understand, and agree that:

4.1 Nature of Telehealth

• Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location
• Telehealth is not appropriate for all medical conditions and is not intended for emergency situations
• The healthcare provider may determine that your condition requires in-person care and may refer you accordingly

4.2 Risks and Limitations

• Despite best efforts, technical failures may occur during telehealth sessions, including interruptions in audio/video connection
• The quality of telehealth services depends in part on the information you provide and the quality of your internet connection and devices
• There is a risk that the telehealth encounter may not provide sufficient information for the healthcare provider to make a complete assessment
• In rare cases, security protocols could fail, causing a breach of privacy of personal medical information

4.3 Your Consent

By using our telehealth services, you consent to receiving health care services via telehealth technology. You understand that you may withdraw this consent at any time by notifying us, though this may limit our ability to provide you with certain Services. You also understand that applicable state and federal laws protecting the confidentiality of your health information apply to telehealth services.

You should verify that your health insurance covers telehealth consultations before using our services. While we work with many insurance providers, coverage varies by plan and state.

5. AI Chatbot (AVA) Terms

Our website features an AI-powered chatbot assistant named AVA. By using AVA, you acknowledge and agree to the following:

5.1 Nature of AVA

• AVA is an artificial intelligence tool designed to provide general information about sleep apnea, our services, treatment options, and common questions
• AVA is not a healthcare provider and does not provide medical diagnoses, medical advice, or treatment recommendations
• AVA's responses are generated by AI technology and may not always be accurate, complete, or applicable to your specific situation
• You should not rely on AVA's responses as a substitute for professional medical advice

5.2 Data and Privacy

• Conversations with AVA may be logged, stored, and analyzed to improve service quality
• If you share health-related information with AVA, that information may be treated as Protected Health Information (PHI) under our HIPAA Notice of Privacy Practices
• AVA's AI services are provided through a third-party technology provider operating under a Business Associate Agreement
• Do not share sensitive information (such as Social Security numbers, full credit card numbers, or passwords) with AVA

5.3 Limitations

• AVA may occasionally produce inaccurate or misleading responses — these are known limitations of current AI technology
• DEEPdormir is not liable for any actions you take or fail to take based on information provided by AVA
• AVA is not a substitute for contacting our team directly for urgent matters, scheduling, or complex medical questions
• We reserve the right to modify, suspend, or discontinue AVA at any time without notice

6. Home Sleep Testing Devices & Oral Appliances

Our home sleep testing devices and oral appliances are medical devices provided to you as part of our Services. By receiving and using these devices, you agree to:

• Use them only as directed in the accompanying instructions and by your healthcare provider
• Not modify, disassemble, reverse engineer, or tamper with the devices in any way
• Report any malfunctions, defects, or adverse events to us promptly at support@deepdormir.com or (516) 548-3028
• Return home sleep testing devices within the timeframe specified in your instructions (applicable to non-disposable devices only)
• Assume responsibility for any damage to devices beyond normal wear and tear while in your possession
• Not transfer, lend, sell, or give your medical devices to any other person

6.1 Custom Oral Appliances

Custom oral appliances are manufactured specifically for you based on your dental impressions or digital scans. You understand and agree that:

• Oral appliances are prescription medical devices that must be used under the supervision of a qualified healthcare provider
• Results may vary — oral appliance therapy is not guaranteed to resolve sleep apnea or eliminate all symptoms
• You are responsible for proper care, cleaning, and maintenance of your oral appliance as directed
• Follow-up appointments and adjustments may be necessary for optimal fit and efficacy
• Potential side effects may include tooth discomfort, jaw soreness, changes in bite, or excessive salivation, particularly during the initial adjustment period

7. Insurance, Billing & Payment

7.1 Insurance

• We work with many insurance providers to help cover the cost of sleep apnea diagnosis and treatment
• Insurance coverage is determined by your insurance company and plan, not by DEEPdormir
• We will make reasonable efforts to verify your insurance eligibility and benefits, but we do not guarantee coverage or specific benefit amounts
• You are responsible for understanding your insurance benefits, including copayments, coinsurance, deductibles, and coverage limitations
• If your insurance claim is denied, you may be responsible for the full cost of services rendered

7.2 Payment

• You agree to pay all fees and charges associated with your use of the Services in accordance with the payment terms presented to you
• All payments are processed through secure, PCI-compliant third-party payment processors
• By providing payment information, you authorize us to charge the applicable fees to your designated payment method
• Prices for our products and services are subject to change without notice, though changes will not affect orders already placed and confirmed

7.3 Collections

If you fail to pay any amounts owed to us when due, we reserve the right to use a third-party collection agency to collect the outstanding balance. You agree that you will be responsible for any additional costs associated with collection efforts, including reasonable attorney's fees, to the extent permitted by law.

8. Refunds & Returns

8.1 Home Sleep Testing Devices

Disposable home sleep testing devices are non-returnable and non-refundable once shipped. Non-disposable devices must be returned within the specified timeframe. Failure to return non-disposable devices may result in additional charges.

8.2 Custom Oral Appliances

Due to the personalized nature of custom oral appliances, they cannot be returned or refunded once fabrication has begun, except in cases of:

• Manufacturing defects — we will replace the appliance at no additional cost
• Significant fit issues that cannot be resolved through adjustments — we will work with you and your provider to determine an appropriate resolution

8.3 Telehealth Consultations

Telehealth consultation fees are non-refundable once the consultation has been completed. If a consultation cannot be completed due to technical issues on our end, we will reschedule at no additional cost or issue a refund at our discretion.

8.4 Other Services

Refund eligibility for other services will be determined on a case-by-case basis. To request a refund or discuss billing concerns, please contact us at billing@deepdormir.com or (516) 548-3028.

9. Prohibited Uses

You agree not to use the Services for any purpose that is illegal or prohibited by these Terms. Specifically, you may not:

• Use the Services in any manner that could damage, disable, overburden, or impair our servers, networks, or infrastructure
• Attempt to gain unauthorized access to any portion of the Services, other accounts, systems, or networks connected to us
• Use any automated means, including bots, scrapers, spiders, crawlers, or data mining tools, to access, collect data from, or interact with the Services
• Impersonate any person or entity, or falsely state or otherwise misrepresent your identity, affiliation, or authority
• Use the Services to transmit any material that contains viruses, worms, trojan horses, or other malicious code
• Use the Services to send unsolicited commercial communications (spam)
• Interfere with or disrupt the integrity or performance of the Services or any data contained therein
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used in the Services
• Use any information obtained from the Services to harass, abuse, or harm another person
• Provide false, misleading, or inaccurate health information in connection with your treatment
• Use the Services for any purpose that violates any applicable law, regulation, or these Terms

We reserve the right to terminate or suspend your access to the Services at any time for violation of these Terms, without prior notice or liability.

10. Intellectual Property

The Services and their entire contents, features, and functionality — including but not limited to all information, software, code, text, displays, images, video, audio, design, selection, and arrangement — are owned by DEEPdormir, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The DEEPdormir name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DEEPdormir or its affiliates. You may not use such marks without our prior written permission.

You may use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services, except as generally and ordinarily permitted through the Services according to these Terms.

11. Privacy & Health Information

Your use of the Services is also governed by our:

• Privacy Policy — which describes how we collect, use, disclose, and protect your personal information, including our use of cookies, tracking technologies, and AI tools
• HIPAA Notice of Privacy Practices — which describes how we use and disclose your Protected Health Information (PHI) and your rights regarding your health data

By using the Services, you consent to the collection and use of your information as described in those documents. In the event of a conflict between these Terms and our Privacy Policy or HIPAA Notice regarding the handling of personal or health information, the Privacy Policy and HIPAA Notice shall control.

12. Warranty Disclaimers

To the fullest extent permitted by applicable law, DEEPdormir disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Services, including responses from our AI chatbot (AVA)
• Warranties that defects will be corrected
• Warranties that the Services or the servers that make the Services available are free of viruses or other harmful components

No advice or information, whether oral or written, obtained by you from DEEPdormir or through the Services shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, in no event shall DEEPdormir, nor its directors, officers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or use of or inability to access or use the Services
• Damages resulting from any conduct or content of any third party on the Services
• Damages resulting from any content obtained from the Services, including AI-generated content from AVA
• Damages resulting from unauthorized access, use, or alteration of your transmissions, content, or health information

In no event shall our total aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Services exceed the greater of: (a) the amount you have paid to DEEPdormir in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury resulting from our negligence or the negligence of our employees or agents
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless DEEPdormir and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services, including but not limited to your interactions with healthcare providers through our platform
• Your violation of any rights of a third party
• Your violation of any applicable law, rule, or regulation
• Any content you submit, post, or transmit through the Services
• Any misrepresentation made by you, including the provision of inaccurate health or insurance information

15. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting us at legal@deepdormir.com. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within that period, either party may proceed as described below.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding individual arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Harris County, Texas, unless both parties agree to an alternative location or to virtual proceedings.

• The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms
• The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction
• The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action

15.3 Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.4 Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@deepdormir.com within thirty (30) days of your first use of the Services. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms will continue to apply.

16. Class Action Waiver

17. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and associated data, subject to our legal obligations to retain certain records
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution

If you wish to terminate your account, you may contact us at support@deepdormir.com to request account deletion. Please note that:

• This does not delete your medical records, which may be retained as required by HIPAA and state medical records retention laws
• Any outstanding balances or fees owed to DEEPdormir remain due and payable
• Termination of your account does not automatically cancel any pending orders, shipments, or scheduled appointments

18. Force Majeure

DEEPdormir shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics or epidemics, acts of government, war or terrorism, civil unrest, power outages, internet or telecommunications failures, cyberattacks, supply chain disruptions, or labor disputes. During any such event, our obligations under these Terms will be suspended for the duration of the event.

19. General Provisions

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Subject to the arbitration provisions in Section 15, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

19.3 Entire Agreement

These Terms, together with our Privacy Policy and HIPAA Notice of Privacy Practices, constitute the entire agreement between you and DEEPdormir regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

19.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of DEEPdormir.

19.5 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

19.6 Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including emails, text messages, push notifications, and notices posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top of this page
• Sending an email notification for material changes (if we have your email address)
• Displaying a banner on our website for material changes

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services and contact us to close your account.

21. Contact Us

If you have any questions about these Terms, please contact us:

For billing questions, contact billing@deepdormir.com. For privacy-related questions, contact privacy@deepdormir.com. For general support, contact support@deepdormir.com.