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Terms & Conditions

These are the general Terms and Conditions of Service (the “Terms”) of Scientific Wellness Services Pte Ltd (Company Registration No. 201315026E), a private limited company incorporated under the laws of Singapore and apply to the products and services of the SLEEP ME app (“SLEEP ME”), and our subsidiaries, agents and affiliates (“we,” “us” or “the Company”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).

1. Agreement to Terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree without limitation or qualification to be bound by them and our Privacy Policy, which is expressly incorporated into the Terms and constitutes the entire agreement between you and the Company with its registered address at 37A Hong Kong Street, Singapore 059676.

If you do not agree to be bound by these Terms, please do not use the Services. Your use of SLEEP ME without accepting these Terms is unlawful and/or in breach of these Terms.

2. Service Use

(a) Eligibility As a condition of your access to and/or use of the Services, you warrant that you are 18 years or older to use the Services. If you are under 18 years of age, you warrant by your use of the Services that you have obtained parental or guardian consent to enter into these Terms. If you are a parent or legal guardian of a user under 18 years of age or the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

(b) Account Registration and Security To use many of the Services, you must register for an account (“User Account”). You represent that any registration and account information you submit to us is true, accurate, and complete. You must keep this information updated, and maintain the security of your account. Notify us immediately by email at support@sleepme.sgof any unauthorized use of your User Account or any other breach of security. You are responsible for all activities that occur in connection with your User Account to the extent permitted by applicable Singapore law. You agree not to create a User Account if we have previously removed you or your User Account from any of the Services, unless we expressly agree otherwise.

3. Subscriptions and Promotional Offers

This section provides terms related to the Services that are only available with a paid subscription (such as “SLEEP ME EASY” or “SLEEP ME MIRACLE”).

(a) Recurring Subscriptions. If you purchase a recurring subscription such as SLEEP ME EASY OR SLEEP ME MIRACLE (“Recurring Subscriptions”), the Recurring Subscription will be continuous for the subscription period you select (“Subscription Period”). You will have the option when subscribing to automatically renew for another Subscription Period until canceled. You authorize SLEEP ME to automatically charge your designated payment method at the beginning of each Subscription Period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified unless canceled in accordance with section 3(b). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

(b) Gifts. If you purchase or receive a subscription or Lifetime Subscription as a gift (“Gift Subscription”), the Subscription Period of the Gift Subscription shall not be a Recurring Subscription and shall be limited to three (3) months, twelve (12) months or Lifetime Subscription as purchased.

(c) Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current Subscription Period to avoid being charged for the next Subscription Period. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Contact us by email at support@sleepme.sg. if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to your Recurring Subscription until the end of your current Subscription Period.

(d)Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance, to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 3(b)

(e)Promotional Offers Converting to Recurring Subscriptions.. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular Promotional Offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. You must provide a valid payment method accepted by us to enroll in a Promotional Offer. Once your Promotional Offer ends, you authorize SLEEP ME to begin billing your designated payment method for the connecting Recurring Subscription at the then-current price for the Recurring Subscription plus any applicable taxes unless it is cancelled in accordance with section 3(b) at least 24 hours prior to the end of the Promotion Offer.

(f) Lifetime Subscriptions You may purchase a “lifetime” Subscription Period for a Recurring Subscription including but not limited to SLEEP ME EASY or SLEEP ME MIRACLE for one account to access a Recurring Subscription for the remaining lifetime of the Recurring Subscription type purchased (“Lifetime Subscriptions”) which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the purchased Recurring Subscription features available when you enroll in a Lifetime Subscription may not always be available. SLEEP ME may also launch new Services in the future that are not part of the purchased Recurring Subscription and therefore outside of your Lifetime Subscription. Any Lifetime Subscription you purchase is personal to you and cannot be transferred, licensed, or sold.

4.Other Payments Terms

(a) Payment Method If you purchase a Recurring Subscription, Gift Subscription, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us (“Stored Payment Method”). You authorize the Company to charge any purchase to your Stored Payment Method at the then-current price plus any applicable taxes and fees specified. No transaction is binding on the Company until accepted and confirmed by the Company. We may update your Stored Payment Method using information provided by our payment service providers. Following any update, you authorize us to continue to charge your Stored Payment Method(s). You are responsible for any additional charges that your payment method provider charges. We are not responsible for any actions or change in policies of your payment method provider

(b)Cancellations and Disputes – If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. The Company reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your Stored Payment Method is declined.

(c)Refunds – You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

5.Services and User Content Rights

(a) SLEEP ME Services Ownership – Subject to the limited license rights granted under these Terms, the Company and/or its licensors exclusively own all intellectual property, right, title, and interest in and to the Services, including all content including but not limited to text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights including all trade marks, service marks, trade names, logos, domain names and any other features of the SLEEP ME brand. You acknowledge that the Services are protected by intellectual property rights and other laws of Singapore and foreign countries. You will not remove, alter, copy, or obscure any copyright, trade mark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services or with our written permission.

(b)Limited License Granted by the Company – Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless the Company has granted you written permission to do otherwise). Further, the Company grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

(c) User Content Ownership Except for the license you grant below, the Company does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a SLEEP ME account or that uses a hashtag incorporating a SLEEP ME trade mark (collectively, “User Content”). User Content does not include any portion of the Services and the Company’s Intellectual Property included in your User Content.

(d) License You Grant to the Company – Subject to your User Account’s privacy and application settings, by making any User Content available to the Company, you hereby grant to the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display or perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral, legal, or special rights in this regard. Subject to your User Account’s privacy and application settings, when you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. This license will end when your User Content is deleted from our systems.

To learn more about how we collect, use and disclose information that you provide to us, please see our Privacy Policy for more information.

6. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. You acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content. We hereby disclaim liability for any and all Third-Party Content.

7. Copyright Complaints and Repeat Infringer Policy

We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. Please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to the Company for costs and damages.

8. Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

(a) Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trade mark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose the Company or others to any harm or liability of any type.

(b) Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, SLEEP ME’S name, any SLEEP ME trade mark, logo, or other proprietary information and content, or the layout and design of any page or form contained on a page, without express written consent from the Company or its licensors;

(c) Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

(d) Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

(e) Develop or use any applications that interact with the Services without our prior written consent;

(f) Avoid, bypass, ignore, remove, deactivate, reproduce, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third-party (including another user) to protect the Services;

(g) Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by the Company or as permitted by our robot.txt file;

(h) Attempt to decipher, decompile, decode, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

(i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(j) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(k) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

(l) Use or attempt to use another User’s Account without authorization from that user and the Company; or

(m) Hinder, disrupt or sabotage the service in any way or to Encourage or enable any other individual to do any of prohibitions in this section 8.

Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

9. Trade marks

The Company’s trade marks whether registered or not including but not limited to SLEEP ME SLEEP ME EASY, SLEEP ME MIRACLE logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without the Company’s prior written permission. The absence of a trade mark from this list does not constitute a waiver of the Company’s trade mark or other intellectual property rights concerning that trade mark. All third-party trade marks mentioned on the Services, if any, are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trade mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company.

10. Intellectual Property

The Company’s intellectual property whether registered or not including but not limited to the Company’s and or SLEEP ME and/or SLEEP ME EASY and/or SLEEP ME MIRACLE graphical user interface, inventions, products, apparatuses, methods, ornamentation, Know-How, models, designs, improvements, technologies, drawings, photographs, samples, procedures, concepts, formulas, processes, innovations, ideas, methods, techniques, works of authorship, software, materials including but not limited to computer programs and other technical information, arising under the laws of any state, country or jurisdiction, now or hereafter existing (“Intellectual Property”) may not be copied, imitated or used, in whole or in part without the Company’s prior written permission.

11. Termination

We may terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you. You may cancel your User Account at any time by sending an email to us at support@sleepme.com, although you will still have to cancel any active subscriptions as stated in section 4(b). If you or if we suspend your access to the Services, you agree that the Company shall have no liability or responsibility to you and will not refund any amounts that you have paid for the Services, except as expressly provided in these Terms or otherwise agreed by us at our discretion. Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, this provision, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Following termination of your User Account, or if you remove any User Content from the Services, we may retain your User Content for a reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law.

12. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services is free of malware or harmful components. We make no representation regarding, nor do we warrant or assume any responsibility for, any Third-Party Content including third party applications, User Content, devices, or any product or service advertised, promoted, or offered by a third party on or through our Services or any hyperlinked website. We shall not be responsible for any transactions between you and any third-party providers. We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You therefore acknowledge and agree that the use of the Services is at your sole risk and discretion and that you assume the entire risk as to the accuracy, quality and performance of the Services to the extent permitted by applicable law.

13. Medical Disclaimers

(a) Any and all Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat or heal any health and/or medical condition or disease, or to be a substitute for professional medical care, including for sleep related conditions. Any and all information including testimonials and reports generated by the Company should not be interpreted as a substitute for medical consultation, evaluation, or/and treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

(b) The Company is not a licensed medical care professional or medical service provider of any sort whatsoever (“Medical Professional”) and does not engage in, and has no expertise in, diagnosing, examining, rendering medical advice or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. You should seek diagnosis, treatment and advice regarding any health and/or medical conditions from a licensed/registered Medical Professional and other licensed healthcare professionals.

(c) You, particularly if you are being treated for a health and/or medical condition or illness, taking prescription medication, should consult with a Medical Professional and consider any associated risks before using our Services. By using our Services, you agree, represent and warrant that you have received consent from a Medical Professional to participate in the programs, or any of the related activities made available to you in connection with the Services.

(d) We do not warrant that all or any of the activities described as part of the Services are suitable for everyone.

(e) Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration and that you keep your eyes open. You are solely responsible for your use of the Services, and your safety and wellbeing.

(f) The Company does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical and/or health condition or treatment.

(g) The Company is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from a Medical Professional, you should follow the advice of your healthcare provider.

(h) The Company is not responsible for the accuracy, reliability, effectiveness, or correct use of any User content accessed on the Services, whether publicly posted or privately transmitted, which shall be the sole responsibility of the User from whom such User Content originated and should not be relied on without independent verification. Accordingly, relying on any advice provided by other users is solely at your own risk.

(i) You should always consult or continue to consult your healthcare provider or Medical Professional if you have any questions regarding a health and/or medical condition.

(j) You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

(k) You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention and/or treatment. You further agree that, before using the Services, you will consult a Medical Professional or your healthcare provider, particularly, if you have a pre-existing medical condition; about your use of the Services.

(l) Any success stories or testimonials posted on the Services concerning our Services (“Testimonials”) may not represent typical or even accurate results. To the extent permitted by applicable law, the Company has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any activity or recommendation contained in any Testimonials.

(m) Under no circumstances shall your use of or any of your interaction with the Services be deemed or construed to create a doctor-patient relationship or a fiduciary relationship of any kind between you and the Company. You represent that you are solely responsible for the use of the Services.

14. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company, and its affiliates, subsidiaries, officers, directors, partners (including but not limited to parties involved in creating, producing or delivering the Services) , employees, and agents (individually and collectively, the “SLEEP ME Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, lost profits, revenues, business opportunities, goodwill, indirect or consequential loss, punitive damages and costs and expenses whatsoever incurred or suffered, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another or entity (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; (f) your breach of any legal or statutory requirement, duty or law; or (g) any acts, omissions or events not reasonably foreseeable by us or beyond our reasonable control.

You will promptly notify the SLEEP ME Parties of any third-party Claims, cooperate with the SLEEPME Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the SLEEP ME Parties will have exclusive control of the defense or settlement, at the Company’s sole option, of any third-party Claims that you are required to indemnify the SLEEP ME Parties under the Terms and you agree to cooperate with our defense of these Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and the Company or the other SLEEPME Parties.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither the Company nor any SLEEP ME Parties will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, medical cost or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by applicable law, the Company’s total liability for any and all claim(s) arising out of or in connection with these Terms or from the use of or inability to use the Services is limited to the greater of: (a) the amounts you have paid to the Company for use of the Services for the past twelve (12) months; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

16. Agreement to Arbitrate

Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC for the time being in force (the “Rules”), which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore conducted in the English language. There will be a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration section to be enforceable under applicable law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE OR COURT PROCEEDING.

17.Governing Law

These Terms and any dispute, claim or action arising out of or in connection with these Terms, will be governed and construed by the laws of Singapore.

18. Modifying and Terminating the Services

We retain the right to change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. To the extent permitted by applicable laws, we are not responsible for any loss or harm, including financial, emotional, mental or physical related to your inability to access or use the Services.

19.Changes to Terms

We may make changes to these Terms from time to time. We will notify you of the changes through the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message or updates to the Services). For notices made by e-mail, the sending date will be deemed the date on which such notice is transmitted. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you must terminate your account and stop using the Services. If you terminate your account and stop using the Services you agree that the Company shall have no liability or responsibility to you and will not refund any amounts that you have paid for the Services, except as expressly provided in these Terms or otherwise agreed by us at our discretion.

20. Other Terms

(a) These Terms and all additional terms incorporated herein including the Privacy Policy constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services, and may not be amended or modified except in writing in accordance with the Terms or by making such amendments or modifications available on the Services.

(b) If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.

(c) These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only and may not be completely accurate representations of these Terms.

(d) You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

(e) No third party who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in these Terms) shall have any rights including that under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce or rely upon any of the provisions of these Terms.

(f) The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(g) Force Majeure – The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, cyberattacks or shortages of transportation facilities, fuel, energy, labor or materials. If a force majeure event occurs that affects the Company’s performance of its obligations under these Terms, the Company’s obligations under these Terms will be suspended and the time for the Company’s performance of its obligations will be extended for the duration of the force majeure event.

(h) The section titles in these Terms are for convenience only and have no legal or contractual effect.

(i) Neither these Terms nor your use and/or access of the Services creates any joint venture, agency, partnership, or employment relationship between you and the Company.

21. Feedback

The Company does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. If you provide ideas, suggestions, or other feedback about SLEEP ME or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you.

22. Contact Information

If you have questions about these Terms or the Services, please contact the Company by email at support@sleepme.sg.

SLEEP ME LOGO

Terms & Conditions

These are the general Terms and Conditions of Service (the “Terms”) of Scientific Wellness Services Pte Ltd (Company Registration No. 201315026E), a private limited company incorporated under the laws of Singapore and apply to the products and services of the SLEEP ME app (“SLEEP ME”), and our subsidiaries, agents and affiliates (“we,” “us” or “the Company”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).

1. Agreement to Terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree without limitation or qualification to be bound by them and our Privacy Policy, which is expressly incorporated into the Terms and constitutes the entire agreement between you and the Company with its registered address at 37A Hong Kong Street, Singapore 059676.

If you do not agree to be bound by these Terms, please do not use the Services. Your use of SLEEP ME without accepting these Terms is unlawful and/or in breach of these Terms.

2. Service Use

(a) Eligibility As a condition of your access to and/or use of the Services, you warrant that you are 18 years or older to use the Services. If you are under 18 years of age, you warrant by your use of the Services that you have obtained parental or guardian consent to enter into these Terms. If you are a parent or legal guardian of a user under 18 years of age or the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

(b) Account Registration and Security To use many of the Services, you must register for an account (“User Account”). You represent that any registration and account information you submit to us is true, accurate, and complete. You must keep this information updated, and maintain the security of your account. Notify us immediately by email at support@sleepme.sgof any unauthorized use of your User Account or any other breach of security. You are responsible for all activities that occur in connection with your User Account to the extent permitted by applicable Singapore law. You agree not to create a User Account if we have previously removed you or your User Account from any of the Services, unless we expressly agree otherwise.

3. Subscriptions and Promotional Offers

This section provides terms related to the Services that are only available with a paid subscription (such as “SLEEP ME EASY” or “SLEEP ME MIRACLE”).

(a) Recurring Subscriptions. If you purchase a recurring subscription such as SLEEP ME EASY OR SLEEP ME MIRACLE (“Recurring Subscriptions”), the Recurring Subscription will be continuous for the subscription period you select (“Subscription Period”). You will have the option when subscribing to automatically renew for another Subscription Period until canceled. You authorize SLEEP ME to automatically charge your designated payment method at the beginning of each Subscription Period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified unless canceled in accordance with section 3(b). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

(b) Gifts. If you purchase or receive a subscription or Lifetime Subscription as a gift (“Gift Subscription”), the Subscription Period of the Gift Subscription shall not be a Recurring Subscription and shall be limited to three (3) months, twelve (12) months or Lifetime Subscription as purchased.

(c) Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current Subscription Period to avoid being charged for the next Subscription Period. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Contact us by email at support@sleepme.sg. if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to your Recurring Subscription until the end of your current Subscription Period.

(d)Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance, to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 3(b)

(e)Promotional Offers Converting to Recurring Subscriptions.. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular Promotional Offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. You must provide a valid payment method accepted by us to enroll in a Promotional Offer. Once your Promotional Offer ends, you authorize SLEEP ME to begin billing your designated payment method for the connecting Recurring Subscription at the then-current price for the Recurring Subscription plus any applicable taxes unless it is cancelled in accordance with section 3(b) at least 24 hours prior to the end of the Promotion Offer.

(f) Lifetime Subscriptions You may purchase a “lifetime” Subscription Period for a Recurring Subscription including but not limited to SLEEP ME EASY or SLEEP ME MIRACLE for one account to access a Recurring Subscription for the remaining lifetime of the Recurring Subscription type purchased (“Lifetime Subscriptions”) which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the purchased Recurring Subscription features available when you enroll in a Lifetime Subscription may not always be available. SLEEP ME may also launch new Services in the future that are not part of the purchased Recurring Subscription and therefore outside of your Lifetime Subscription. Any Lifetime Subscription you purchase is personal to you and cannot be transferred, licensed, or sold.

4.Other Payments Terms

(a) Payment Method If you purchase a Recurring Subscription, Gift Subscription, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us (“Stored Payment Method”). You authorize the Company to charge any purchase to your Stored Payment Method at the then-current price plus any applicable taxes and fees specified. No transaction is binding on the Company until accepted and confirmed by the Company. We may update your Stored Payment Method using information provided by our payment service providers. Following any update, you authorize us to continue to charge your Stored Payment Method(s). You are responsible for any additional charges that your payment method provider charges. We are not responsible for any actions or change in policies of your payment method provider

(b)Cancellations and Disputes – If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. The Company reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your Stored Payment Method is declined.

(c)Refunds – You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

5.Services and User Content Rights

(a) SLEEP ME Services Ownership – Subject to the limited license rights granted under these Terms, the Company and/or its licensors exclusively own all intellectual property, right, title, and interest in and to the Services, including all content including but not limited to text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights including all trade marks, service marks, trade names, logos, domain names and any other features of the SLEEP ME brand. You acknowledge that the Services are protected by intellectual property rights and other laws of Singapore and foreign countries. You will not remove, alter, copy, or obscure any copyright, trade mark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services or with our written permission.

(b)Limited License Granted by the Company – Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless the Company has granted you written permission to do otherwise). Further, the Company grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

(c) User Content Ownership Except for the license you grant below, the Company does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a SLEEP ME account or that uses a hashtag incorporating a SLEEP ME trade mark (collectively, “User Content”). User Content does not include any portion of the Services and the Company’s Intellectual Property included in your User Content.

(d) License You Grant to the Company – Subject to your User Account’s privacy and application settings, by making any User Content available to the Company, you hereby grant to the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display or perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral, legal, or special rights in this regard. Subject to your User Account’s privacy and application settings, when you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. This license will end when your User Content is deleted from our systems.

To learn more about how we collect, use and disclose information that you provide to us, please see our Privacy Policy for more information.

6. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. You acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content. We hereby disclaim liability for any and all Third-Party Content.

7. Copyright Complaints and Repeat Infringer Policy

We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. Please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to the Company for costs and damages.

8. Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

(a) Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trade mark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose the Company or others to any harm or liability of any type.

(b) Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, SLEEP ME’S name, any SLEEP ME trade mark, logo, or other proprietary information and content, or the layout and design of any page or form contained on a page, without express written consent from the Company or its licensors;

(c) Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

(d) Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

(e) Develop or use any applications that interact with the Services without our prior written consent;

(f) Avoid, bypass, ignore, remove, deactivate, reproduce, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third-party (including another user) to protect the Services;

(g) Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by the Company or as permitted by our robot.txt file;

(h) Attempt to decipher, decompile, decode, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

(i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(j) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(k) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

(l) Use or attempt to use another User’s Account without authorization from that user and the Company; or

(m) Hinder, disrupt or sabotage the service in any way or to Encourage or enable any other individual to do any of prohibitions in this section 8.

Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

9. Trade marks

The Company’s trade marks whether registered or not including but not limited to SLEEP ME SLEEP ME EASY, SLEEP ME MIRACLE logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without the Company’s prior written permission. The absence of a trade mark from this list does not constitute a waiver of the Company’s trade mark or other intellectual property rights concerning that trade mark. All third-party trade marks mentioned on the Services, if any, are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trade mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company.

10. Intellectual Property

The Company’s intellectual property whether registered or not including but not limited to the Company’s and or SLEEP ME and/or SLEEP ME EASY and/or SLEEP ME MIRACLE graphical user interface, inventions, products, apparatuses, methods, ornamentation, Know-How, models, designs, improvements, technologies, drawings, photographs, samples, procedures, concepts, formulas, processes, innovations, ideas, methods, techniques, works of authorship, software, materials including but not limited to computer programs and other technical information, arising under the laws of any state, country or jurisdiction, now or hereafter existing (“Intellectual Property”) may not be copied, imitated or used, in whole or in part without the Company’s prior written permission.

11. Termination

We may terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you. You may cancel your User Account at any time by sending an email to us at support@sleepme.com, although you will still have to cancel any active subscriptions as stated in section 4(b). If you or if we suspend your access to the Services, you agree that the Company shall have no liability or responsibility to you and will not refund any amounts that you have paid for the Services, except as expressly provided in these Terms or otherwise agreed by us at our discretion. Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, this provision, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Following termination of your User Account, or if you remove any User Content from the Services, we may retain your User Content for a reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law.

12. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services is free of malware or harmful components. We make no representation regarding, nor do we warrant or assume any responsibility for, any Third-Party Content including third party applications, User Content, devices, or any product or service advertised, promoted, or offered by a third party on or through our Services or any hyperlinked website. We shall not be responsible for any transactions between you and any third-party providers. We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You therefore acknowledge and agree that the use of the Services is at your sole risk and discretion and that you assume the entire risk as to the accuracy, quality and performance of the Services to the extent permitted by applicable law.

13. Medical Disclaimers

(a) Any and all Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat or heal any health and/or medical condition or disease, or to be a substitute for professional medical care, including for sleep related conditions. Any and all information including testimonials and reports generated by the Company should not be interpreted as a substitute for medical consultation, evaluation, or/and treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

(b) The Company is not a licensed medical care professional or medical service provider of any sort whatsoever (“Medical Professional”) and does not engage in, and has no expertise in, diagnosing, examining, rendering medical advice or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. You should seek diagnosis, treatment and advice regarding any health and/or medical conditions from a licensed/registered Medical Professional and other licensed healthcare professionals.

(c) You, particularly if you are being treated for a health and/or medical condition or illness, taking prescription medication, should consult with a Medical Professional and consider any associated risks before using our Services. By using our Services, you agree, represent and warrant that you have received consent from a Medical Professional to participate in the programs, or any of the related activities made available to you in connection with the Services.

(d) We do not warrant that all or any of the activities described as part of the Services are suitable for everyone.

(e) Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration and that you keep your eyes open. You are solely responsible for your use of the Services, and your safety and wellbeing.

(f) The Company does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical and/or health condition or treatment.

(g) The Company is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from a Medical Professional, you should follow the advice of your healthcare provider.

(h) The Company is not responsible for the accuracy, reliability, effectiveness, or correct use of any User content accessed on the Services, whether publicly posted or privately transmitted, which shall be the sole responsibility of the User from whom such User Content originated and should not be relied on without independent verification. Accordingly, relying on any advice provided by other users is solely at your own risk.

(i) You should always consult or continue to consult your healthcare provider or Medical Professional if you have any questions regarding a health and/or medical condition.

(j) You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

(k) You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention and/or treatment. You further agree that, before using the Services, you will consult a Medical Professional or your healthcare provider, particularly, if you have a pre-existing medical condition; about your use of the Services.

(l) Any success stories or testimonials posted on the Services concerning our Services (“Testimonials”) may not represent typical or even accurate results. To the extent permitted by applicable law, the Company has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any activity or recommendation contained in any Testimonials.

(m) Under no circumstances shall your use of or any of your interaction with the Services be deemed or construed to create a doctor-patient relationship or a fiduciary relationship of any kind between you and the Company. You represent that you are solely responsible for the use of the Services.

14. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company, and its affiliates, subsidiaries, officers, directors, partners (including but not limited to parties involved in creating, producing or delivering the Services) , employees, and agents (individually and collectively, the “SLEEP ME Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, lost profits, revenues, business opportunities, goodwill, indirect or consequential loss, punitive damages and costs and expenses whatsoever incurred or suffered, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another or entity (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; (f) your breach of any legal or statutory requirement, duty or law; or (g) any acts, omissions or events not reasonably foreseeable by us or beyond our reasonable control.

You will promptly notify the SLEEP ME Parties of any third-party Claims, cooperate with the SLEEPME Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the SLEEP ME Parties will have exclusive control of the defense or settlement, at the Company’s sole option, of any third-party Claims that you are required to indemnify the SLEEP ME Parties under the Terms and you agree to cooperate with our defense of these Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and the Company or the other SLEEPME Parties.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither the Company nor any SLEEP ME Parties will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, medical cost or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by applicable law, the Company’s total liability for any and all claim(s) arising out of or in connection with these Terms or from the use of or inability to use the Services is limited to the greater of: (a) the amounts you have paid to the Company for use of the Services for the past twelve (12) months; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

16. Agreement to Arbitrate

Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC for the time being in force (the “Rules”), which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore conducted in the English language. There will be a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration section to be enforceable under applicable law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE OR COURT PROCEEDING.

17.Governing Law

These Terms and any dispute, claim or action arising out of or in connection with these Terms, will be governed and construed by the laws of Singapore.

18. Modifying and Terminating the Services

We retain the right to change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. To the extent permitted by applicable laws, we are not responsible for any loss or harm, including financial, emotional, mental or physical related to your inability to access or use the Services.

19.Changes to Terms

We may make changes to these Terms from time to time. We will notify you of the changes through the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message or updates to the Services). For notices made by e-mail, the sending date will be deemed the date on which such notice is transmitted. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you must terminate your account and stop using the Services. If you terminate your account and stop using the Services you agree that the Company shall have no liability or responsibility to you and will not refund any amounts that you have paid for the Services, except as expressly provided in these Terms or otherwise agreed by us at our discretion.

20. Other Terms

(a) These Terms and all additional terms incorporated herein including the Privacy Policy constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services, and may not be amended or modified except in writing in accordance with the Terms or by making such amendments or modifications available on the Services.

(b) If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.

(c) These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only and may not be completely accurate representations of these Terms.

(d) You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

(e) No third party who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in these Terms) shall have any rights including that under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce or rely upon any of the provisions of these Terms.

(f) The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(g) Force Majeure – The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, cyberattacks or shortages of transportation facilities, fuel, energy, labor or materials. If a force majeure event occurs that affects the Company’s performance of its obligations under these Terms, the Company’s obligations under these Terms will be suspended and the time for the Company’s performance of its obligations will be extended for the duration of the force majeure event.

(h) The section titles in these Terms are for convenience only and have no legal or contractual effect.

(i) Neither these Terms nor your use and/or access of the Services creates any joint venture, agency, partnership, or employment relationship between you and the Company.

21. Feedback

The Company does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. If you provide ideas, suggestions, or other feedback about SLEEP ME or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you.

22. Contact Information

If you have questions about these Terms or the Services, please contact the Company by email at support@sleepme.sg.

Copyright 2025 Scientific Wellness PTE. LTD. All Rights Reserved.