Terms of Service               Privacy Policy
Rest Devices, Inc. Terms of Service

Last updated September 28, 2018
 

Welcome to Nod! Rest Devices, Inc. ("Rest Devices", "us", "we", or "our") maintains the Nod mobile application (the "Nod App") and the website nodtosleep.com (the "Website") subject to these Terms of Service. By using the Nod App, the Website, its subdomains, and the other services and features made available through the Nod App, the Website, and any related services including our servers and any other downloadable applications we make available to you from time to time (collectively with the Nod App and the Website, the "Services"), you indicate your unconditional acceptance of these Terms of Service. Throughout these Terms of Service, "you" or "your" refers to a registered user of our Services or a member of the general public accessing or using any of our Services (each a "User").

 

Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service at any time and for any reason, without notice to you; however, we will post the updated Terms of Service to the Nod App, the Website or by other means we select to provide you with notice of updates. Use of the Services is limited to Users who agree to be bound by these Terms of Service and our Privacy Policy available on the Nod App and the Website.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND REST DEVICES. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND REST DEVICES ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 21 "AGREEMENT TO ARBITRATE").

 

1. INTRODUCTION.

 

The Services and related components provide a platform to help you track your baby’s sleep and feeding, while also developing personalized sleep schedules and routines. The Nod App enables parents to enter sleep and feeding information, build bedtime routines for their child and provide information around common challenges associated with baby sleep. Content specific to baby sleep and developmental milestones is also viewable to Users.

 

2. SCOPE OF SERVICES.

 

The Nod Digital Sleep Coach and all other software included in the Nod App is licensed, not sold, for your use only as outlined in these Terms of Service, and ownership of all intellectual property rights in and to the Services remains with Rest Devices. We reserve all rights not expressly granted to you. Rest Devices hereby grants to you, subject to the Terms of Service, a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to access and use the Services and Content (as defined below) solely for your personal, non-commercial use with the other components of your Nod Digital Sleep Coach (and any other uses provided for herein) on the mobile device that you own or control, and subject to the policies and restrictions that we post on the Services from time to time.  You may not rent, lease, lend, sell, redistribute or sublicense the Nod App; provided, however, that other members of your family, babysitters or other caregivers, who you expressly allow to use the Nod Digital Sleep Coach may exercise your licensed rights on your behalf. You agree that the Nod App is the property of Rest Devices, including all intellectual property rights embodied therein, and that you have no right to use them other than as set out in these Terms of Service. You agree not to copy, reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to obtain the source code for any such software, or to assist anyone else in doing so, or to modify or create derivative works of the Nod App.  You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the Content retrieved from the Services in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Rest Devices.

 

In addition, you agree not to: (i) use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other use of the Services, including, any User's ability to engage in real-time activities through the Services; (ii) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to scrape, mine data, monitor or copy any of the Content; (iii) use any manual process to monitor or copy any of the Content, or to engage in any other unauthorized purpose without the express prior written consent of Rest Devices; (iv) use any device, software or routine that interferes with the proper working of the Services; or (v) attempt to interfere with the proper working of these Services.

 

We are not responsible for any harm or loss that you suffer in relation to any use you make of the Services for any business purposes or other purposes not authorized under these Terms of Service. We reserve the right to refuse or terminate access to the Services at our discretion. You may not copy, change or reuse the Services, any updates to them or any part of them including the software incorporated in them. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You may choose to use the version of the Services that are currently provided free of charge. On that basis, we have no obligation to provide any maintenance or support services in relation to the free version of the Services and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the free version of the Services.

 

You are responsible for obtaining any equipment, Internet and phone service necessary to access the Services and for paying any fees for the equipment and services you select. We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. You acknowledge that the Services are evolving and that the form and nature of our Services, including our mobile applications, may change from time to time without notice to you. The Services may also periodically become unavailable due to repairs, maintenance or emergencies, because of issues with third party telecommunications providers or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time.

 

You acknowledge that Rest Devices has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

 

3. ACCESS AND USE TERMS.

 

A) Registered Users.

Some of our Services may be restricted to members only. In order to become a member, we may ask you to complete a registration form and create a username and password ("Login Credentials"). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You will need to register as a member in order to use the Nod App. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You are entirely responsible for maintaining the confidentiality of your Login Credentials, and you agree not to disclose your Login Credentials to any third party and not to use the Login Credentials of another User at any time.  We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Rest Devices member, all information that you provide to Rest Devices is subject to our Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Services.

 

B) Social Network Login Credentials.

The Services may enable you to connect to your Rest Devices account with your Facebook account, or other third-party social network service provider account information ("Third Party Social Networking Account"). By connecting to the Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third party social network service provider including, but not limited to, your User ID, any information that you have permitted the third party social network service provider to share with us, and any information you have made public in connection with that service. Information received by Rest Devices will be subject to our Privacy Policy, but Rest Devices is otherwise not responsible for the information that it receives from such third party social network service provider. Any such third party social network service provider accessed from the Services is independent from Rest Devices, and Rest Devices has no control over the terms or content of that website or provider. Your use of any third party social network is subject to its terms of service and privacy policy. We request that our Users exercise caution and good judgment when using third party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third party websites and services before linking or connecting them to our Services.

 

C) Profiles.

As part of registering with our Services, you may provide information about yourself such as your name, age, gender, a short description about yourself, and other information. Rest Devices is not responsible for any Personal Information (as defined in the Privacy Policy) you choose to share within your profile, which may appear if you make any posts in our comments or forums portions of our Website or Nod App.

 

D) Acknowledgment of Electronic Communications.

The information communicated on the Website or through the Nod App constitutes an electronic communication. When you communicate with us on the Website, through the Nod App or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically with you, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  As a registered member of the Services, you may receive emails from us from time to time regarding upcoming events, special promotions, and product and service offerings from us and our partners. We offer an opportunity to opt-out of certain communications on the Website, through the Nod App, or you may contact us at support@nodtosleep.com.

 

E) Consent to Use Aggregate Data.

You agree that we may collect, use and disclose technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. We may use and disclose this information, as long as it is in a disaggregated and anonymous form that does not personally identify you, to improve our products or to provide services or technologies to you and to give to third parties. Our collection, use and disclosure of your Personal Information provided in connection with the Services will be subject to the Privacy Policy included as part of our Services.

 

4. THIRD PARTY LINKS.

 

External links on the Services may lead to other websites. We are not liable for the content, goods, services, advertising, or other materials found on these external sites.

 

Even if we refer to a third party or third party product or service, that does not mean that we approve or endorse that third party or that product or service. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.

 

5. SERVICES CONTENT.

 

We do not currently sell products through the Services, but may do so in the future.

 

You agree that Rest Devices is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of Content, or for any decision made or action taken by you relying upon the Content.

 

The term "Content" means all information, text, alerts, images, data, links, software, or other material accessible through the Services, whether created by us or provided by you or another person or User, for display through the Services, including sleep data about your baby. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content or trademarks displayed on our Services, through the use of framing or otherwise, unless and only to the extent: (a) expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Services.

 

The Content may contain typographical errors, other errors or inaccuracies. We reserve the right, but without obligation, to make changes to Content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

 

You may view, copy, download, and print Content that is available to you through the Services, subject to the following conditions:

A) The Content may be used solely for personal, non-commercial, informational purposes.

B) No part of the Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as may be available through the Services from time to time.

C) The Content may not be modified.

 

6. CONTENT SUBMITTED BY USERS.


A) Public Areas.

We may create in the future, certain areas, such as online discussion boards, blogs, chat rooms, forums or other services within the Services where Users can upload and share their thoughts, comments, product reviews, pictures, videos and the like with other members (collectively, “Public Areas”). These Public Areas may be available only to registered members of the Services.  The text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by Users are collectively "User Content".

 

B) Community Guidelines.

By submitting User Content, you also (1)  confirm that you are entitled to post or transmit User Content; (2) agree that you are solely responsible for all User Content that you submit for posting; and (3) grant to Rest Devices and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, your User Content  in any way on the Services and on any other website owned or operated by Rest Devices or its affiliates (as well as on any social media sites associated with Rest Devices or its affiliates).

 

C) Accuracy.

Users may use the Services without volunteering Personal Information. Please refer to our Privacy Policy for additional information on our practices for handling Personal Information. However, if you choose to provide Personal Information to register for or participate in the Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

 

D) Liability.

We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in User Content submitted through our Services, such as through Public Areas (as defined above). We do not prescreen User Content posted by you or other third parties to a Public Area. User Content submitted to Public Areas may be viewed by other Users or the general public. We may decide (in our sole discretion) in the future to add a feature to enable you to select the level of sharing of your User Content with other Users in Public Areas. With respect to such User Content in Public Areas, we are acting as a passive conduit for such distribution and are not responsible for User Content. Any opinions, advice, statements, services, offers, or other information in User Content expressed or made available by Users through a Public Area are those of the respective User and not of Rest Devices. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You understand and agree that all User Content is the sole responsibility of the person who posted the User Content.  You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You are responsible for ensuring that User Content you submit to the Services is not provided in violation of any copyright, trade secret or other intellectual property or proprietary rights of another person or entity (including, without limitation, any rights of publicity or privacy). You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to the Services.

 

E) Monitoring.

We have the right, but not the obligation, to monitor User Content submitted to the Services, either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material, such as User Content, submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that Rest Devices, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you submit or post to our Services. We reserve the right at any time to discontinue, temporarily or permanently, your ability to upload User Content and/or your ability to access User Content, with or without notice, at our sole discretion.  You agree that we shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content. Remember that all User Content you submit to the Services through a mobile device will be stored on that mobile device. The security and safety of your mobile device, and the information and materials contained on it, as well as any password you use on your device and to access the Nod App or Website are your sole responsibility.

 

F) License.

You hereby agree that we are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore please do not submit or send to us any ideas, suggestion or materials that you wish to keep confidential or for which you expect to receive compensation.  You will not have any claim against us with respect to any use or non-use of User Content. If we make use of any of these rights, you understand and agree that you shall not receive any consideration, payment, notification or credit, nor will you have any approval over how Rest Devices or its affiliates uses them.

 

G) Storage of User Content.

We may impose a maximum amount of storage for User Content on the Services. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other User Content associated with maintaining the maximum amount of storage.

 

H) Mobile.

You must have a mobile device that is compatible with the software in the Nod App in order to use it. We do not give any assurances that the Nod App will be compatible with your mobile device. You understand and agree that the Nod App is licensed not sold to you for use only as set out in these Terms of Service.  You may use the Nod App on a mobile device that you own or control. You may not use the Nod App on a mobile device that you do not own or control and you may not distribute or make the Nod App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense, copy, change or reuse the Nod App, any updates to it or any part of it.

 

You acknowledge that we may from time to time issue upgraded versions of the Nod App, and may automatically electronically upgrade the version of the Nod App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms and Conditions will apply to all such upgrades. Any third-party code that may be incorporated in the Nod App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing grant is not a sale of the Nod App or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Nod App (and any copy of the Nod App). You agree to comply with all applicable laws related to use of the Nod App. Carrier data charges may apply to your use of the Nod App.

 

7. PROHIBITED CONTENT.

 

By accessing our Services or any Public Area, you agree that you will not disrupt or otherwise interfere in any way with any other User's use of the Services and to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:

A) Transmit any Content, including User Content, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Rest Devices;

B) Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

C) Post any Content, including User Content, which infringes another's copyright, trademark or trade secret;

D) Advertise or offer to sell any goods or services for any commercial purpose through the Services unless authorized by us in a separate agreement;

E) Post unsolicited advertising or unlawfully promote products or services;

F) Harass, threaten or intentionally embarrass or cause distress to another person or entity;

G) Impersonate another person;

H) Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

I) Adapt, alter, license, sublicense or translate any of the Services for your own personal or commercial use;

J) Introduce viruses, worms, Trojan horses and/or harmful code in connection with the Services;

K) Obtain unauthorized access to any computer system through the Services;

L) Transfer your Rest Devices account and Login Credentials to another party without our consent;

M) Harvest or otherwise collect information about Users, including email addresses, without their consent;

N) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age);

O) Solicit personal information from children under 18 years of age;

P) Violate any federal, state, local, or international law or regulation; or

Q) Encourage conduct that would constitute a criminal or civil offense.

While the above are an illustrative list of problematic types of conduct, Rest Devices reserves the right to remove or modify any Content, including User Content, at any time, for any reason, whether on the foregoing list or otherwise.

All submissions made to Public Areas will be public, and Rest Devices will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

 

8. INDEMNIFICATION.

 

By using the Services, you agree to indemnify and hold harmless Rest Devices and, at Rest Device's option, defend Rest Devices, from and against any and all claims, damages, losses, liabilities, costs and expenses, including but not limited to, all legal fees and costs (including attorneys' fees), arising from or related to(i) your use of the Services; (ii) your breach of these Terms of Service; (iii) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party; and (iv) the unauthorized use of any Personal Information or data uploaded in connection with the Services.

 

9. COMPLIANCE WITH PRODUCT WARNINGS AND INSTRUCTIONS.

 

When we provide or sell the Nod App, we may include product warnings and instructions in the app or website and in documentation of the app. AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS IN THE NOD APP, ON THE WEBSITE, IN ANY DOCUMENTATION OF THE PRODUCT, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE NOD APP (OR VIA EMAIL IF YOU PROVIDE US WITH YOUR EMAIL ADDRESS). In addition, you agree to only use the Nod App in a manner that complies with all applicable laws and regulations.

 

10. MINORS.

 

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the parent or legal guardian is responsible for any and all activities of the User in connection with our Services.

 

11. NO SOLICITATION.

 

Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through Rest Devices.

 

12. INTELLECTUAL PROPERTY RIGHTS.

 

Unless otherwise noted, all Content available through the Services is the property of Rest Devices and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of Rest Devices, including without limitation and the Rest Devices logos, are owned by Rest Devices, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

 

13. SUGGESTIONS AND FEEDBACK.

 

By posting Content or sending us any ideas, suggestions, documents or proposals (collectively, "Suggestions"), you represent and warrant to us that (i) your Content and Suggestions do not contain the confidential or proprietary information of yours or any third party, and (ii) we are under no obligation of confidentiality, express or implied, with respect to the Content or Suggestions. In addition, you agree that we may have something similar to the Content and Suggestions already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to use, modify, prepare derivative works, publish, distribute and sublicense the Content and Suggestions, and you irrevocably waive against Rest Devices and its Users any claims and assertions of any moral rights contained in such Content and Suggestions. Furthermore, by posting Content or Suggestions to any Public Area of the Services, you automatically grant Rest Devices all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Content or Suggestions on the Services by any party for any purpose.

 

14. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES.

 

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is Rest Devices' policy to respond to notices of any actual or alleged infringement that are reported to Rest Devices' "Designated Copyright Agent" and that comply with the DMCA. If you believe that any material on our Services infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf.

 

The address of our Designated Agent to Receive Notification of Claimed Infringement (the “Designated Agent”) is listed at the end of this Section.

 

A) Responding to Complaints.

After notification of an alleged infringement is received by the Designated Agent:

  1. Rest Devices will remove or disable access to the allegedly infringing material.

  2. Rest Devices will then immediately notify the User responsible for the allegedly infringing material (the “Offending User”) that it has removed or disabled access to the material.

  3. If the Offending User is a repeat offender, Rest Devices will immediately terminate such user's account and access to the Services in addition to removing the infringing material.

 

B) Right to Dispute.

If the Offending User disputes the claim of infringement, the Offending User may send a counter-notice containing the following information to the Designated Agent:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.

  2. A statement that the Offending User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.

  3. The Offending User's contact information, including name, address, telephone number and e-mail address.

  4. A statement that the Offending User consents to the jurisdiction of the Federal Court for the judicial district in which the Offending User's address is located, or if the Offending User's address is located outside the United States, for any judicial district in which Rest Devices is located, and that the Offending User will accept service of process from the Notifying Party.

  5. The Offending User's physical or electronic signature.

 

If such counter-notice is received by the Designated Agent, Rest Devices will send a copy of the counter-notice to the notifying party informing them that Rest Devices may replace or restore access to the material in question. Unless the copyright owner thereafter files an action seeking a court order against the Offending User, and Rest Devices has actual knowledge of such filing, then the material will be replaced or access to it restored in 10 to 14 business days after receipt of the Offending User's counter-notice.

 

Our Designated Agent for copyright issues relating to our Services can be contacted at  at:

 

Rest Devices, Inc.

ATTN: Copyright Agent

Unit 207

4 Brattle St, Cambridge, MA 02138

 

15. PREMIUM SERVICES

 

Premium Services. As of October 1, 2018, if you become a Rest Devices member, you may choose to sign up for our premium services (the “Premium Services”), and you will be charged an annual or monthly subscription fee, depending on the type of subscription you select.  The subscription fee for the Premium Services (“Subscription Fee”) will be charged to you in advance as further described below. You may request a refund within two (2) days after we charge your Subscription Fee (including any renewal fees). Otherwise, Subscription Fees are non-refundable.  If you became a Rest Devices member prior to October 1, 2018 and are actively utilizing the Services, your access to the Services will remain unchanged.

Auto-Renewal for Premium Services. Your enrollment in the Premium Services will be automatically renewed and your Payment Method (defined below) will be charged either every twelve (12) months if you choose to pay annually, every six (6) months if you choose to pay semiannually, or every one (1) month if you choose to pay monthly.  If you wish to cancel auto-renewal of the Premium Services for the following year, you must cancel your plan through your account page. You are eligible for a refund if you request one from Rest Devices within two (2) days of your receipt of the auto-renewal charge.  Company may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Premium Services term has ended.  If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrollment in the Premium Services for the following year, six (6) months, or month (depending on your type of subscription), prior to the expiration of your then-current Premium Services term.  You may cancel your Premium Services subscription at any time, but again, refunds will only be granted if the member meets criteria outlined above.


 

Billing.  We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Premium Services.  The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor.  By choosing to use Premium Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Premium Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”).  You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method.  The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.  If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.

Reaffirmation of Authorization.  Your non-termination or continued use of a Premium Service reaffirms that we are authorized to charge your Payment Method for that Premium Service.  We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.  Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Premium Service (or as your payment terms may be amended thereafter).

Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password.  Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Premium Services under your billing account unless you have terminated your Premium Services as set forth above.

 

Use of the Premium Services through the Apple App Store. These Terms of Service apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

 

  • Both you and Rest Devices acknowledge that the Terms of Service are concluded between you and Rest Devices only, and not with Apple, and that Apple is not responsible for the Application or the Content;

 

  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;

 

  • You will only use the Application in connection with an Apple device that you own or control;

 

  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

 

  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

 

  • You acknowledge and agree that Rest Devices, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

 

  • You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Rest Devices, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

 

  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

 

  • Both you and Rest Devices acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

 

  • Both you and Rest Devices acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.


 

16. DISCLAIMER OF WARRANTY.

 

THE NOD APP IS NOT A MEDICAL DEVICE, IS NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND IS NOT DESIGNED TO DETECT, PREVENT, OR TREAT CAUSES OF SUDDEN INFANT DEATH SYNDROME (SIDS), SLEEP DISORDERS, OR ANY OTHER CONDITION. THE NOD APP IS INTENDED TO HELP YOU MONITOR YOUR BABY AND IS NOT TO BE USED AS A SUBSTITUTE FOR PARENTING OR OTHER ADULT SUPERVISION. USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE CONTENT, AND ALL OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND ARE BASED IN PART ON CONTENT PROVIDED BY USERS, WHICH ARE NOT VERIFIED BY REST DEVICES, AND THAT ANY CONTENT ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. REST DEVICES AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY INFORMATION OR DATA GENERATED THROUGH THE USE OF THE SERVICES. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, AND WITHOUT LIMITATION, REST DEVICES DOES NOT WARRANT THAT: (i) THE CONTENT AND INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.

 

17. INFORMATION DISCLAIMER.

 

THE INFORMATION IN THE SERVICES (INCLUDING ANY GUIDELINES, ADVICE AND RECOMMENDATIONS) IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE CIRCUMSTANCES. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE SERVICES.

 

18. LIMITATION OF LIABILITY.

 

A) Disclaimer.

IN NO EVENT SHALL REST DEVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REST DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

B) Limitation.

YOU AGREE THAT REST DEVICES' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO REST DEVICES FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS OR (II) $1.00.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

C) Exclusions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

19. INTERNATIONAL.

 

We make no representation that the Services are appropriate or available for use outside the United States. You should ensure that the Services comply with local laws and regulations prior to making use of the Services. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using the Services, you consent to having your Personal Information transferred to and processed in the United States.

 

20. TERMINATION.

 

We may terminate any User's access to the Services, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.

 

You may terminate your account at any time by indicating so on the Nod App, our Website, or contacting us at support@nodtosleep.com, and ceasing all use of the Services. Upon termination of a User's account under these Terms of Service, all license rights granted by such User to Rest Devices shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable against you. Please be advised that your account is not terminated simply by deleting the Nod App from your mobile device.  Your registration and account can only be terminated by following the process described above.


 

21. GOVERNING LAW; DISPUTE RESOLUTION.

 

These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts, USA, excluding: its conflicts of laws principles that would result in the application of the law of any other jurisdiction; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

 

22. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION.

 

You agree that all disputes between you and Rest Devices (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and Rest Devices hereby expressly waive trial by jury. You and Rest Devices shall appoint as sole arbitrator a person mutually agreed by you and Rest Devices or, if you and Rest Devices cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, either party may apply to any court having jurisdiction over the parties for a judicial acceptance of the award or order of enforcement or to seek injunctive relief, security or other equitable remedies. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.

 

Any claim brought by you or Rest Devices must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Rest Devices will participate in a class action or class-wide arbitration for any claim covered by these Terms of Service. You hereby waive any and all rights to bring any claim related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

 

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Rest Devices can require the other to participate in an arbitration proceeding. To opt out, you must notify Rest Devices in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

 

Rest Devices, Inc.

ATTN: Arbitration Opt-out

Unit 207

4 Brattle St, Cambridge, MA 02138

 

If you opt out of this Agreement To Arbitrate, you and Rest Devices consent to the non-exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.

 

This Arbitration section will survive the termination of your relationship with Rest Devices.

 

23. MISCELLANEOUS.

 

You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Rest Devices. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Rest Devices and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Rest Devices, and cannot be amended except by a writing signed by both parties or by Rest Devices's posting of an amended version of these Terms of Service. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Except as expressly set forth in the section regarding the Apple Application, you and Rest Devices agree there are no third party beneficiaries intended under these Terms of Service.

 

24. FOR ADDITIONAL INFORMATION.

 

If you have any questions about these Terms of Service, please contact support@nodtosleep.com.


Copyright © 2017-2018 Rest Devices, Inc. All Rights Reserved.

 
Rest Devices, Inc. Privacy Policy

 

 

Welcome to Nod! Rest Devices, Inc. ("Rest Devices", "us", "we", or "our") maintains the Nod mobile application (the "Nod App") and the website nodtosleep.com (the "Website"). This notice describes our Privacy Policy for the Website, the Nod App, and any related websites and services that we control, such as our servers and any other downloadable applications we make available to you from time to time (collectively with the Nod App and the Website, the "Services") and explains how we collect, use and disseminate information obtained from or about you as a User of the Services. Capitalized terms used but not defined in this Privacy Policy have the meaning given in the Terms of Service. The Services provide a means for you to manually track your baby’s sleep and feeding while also developing personalized sleep schedules and routines for your child.

 

This Privacy Policy covers our treatment of information, including personally identifiable information ("Personal Information"), which we gather when you are accessing or using our Services.  This policy does not apply to the practices of companies that we do not own or control (even if we link to them), or to individuals that we do not employ or manage. This policy also does not apply to information you choose to disclose in Public Areas on the Website (i.e., information which is viewable to other Users), which will not be considered Personal Information.

 

If you have questions or concerns regarding this Privacy Policy, you should contact us at support@nodtosleep.com.

 

1. NOTICE OF INFORMATION WE COLLECT AND HOW WE USE IT.

 

The information we gather from Users enables us to personalize and improve our Services and to allow our Users to set up a User account and profile that can be used to interact with other Users through the Website. We only collect Personal Information about you that we consider necessary for achieving this purpose, although we may collect additional Personal Information if you decide to provide it to us, such as a name, address, telephone number, mobile number or e-mail address or other information about you that is directly linked to you. Personal Information does not include "aggregate" information, which is data we collect about the use of our Services.

 

When we collect usage information (such as the numbers and frequency of visitors to our site), we only use this data in aggregate form, and not in a manner that would identify you personally.  For example, this aggregate data tells us how often Users use parts of the Website, so that we can make the Website appealing to as many Users as possible. We may also provide this aggregate information to our partners or affiliates, so that they can understand how often people use our Services, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner or affiliate in a manner that would identify you personally.

 

In general, you can use our Services without telling us who you are or revealing any Personal Information about yourself. You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of our Services' features and functionality. We use Personal Information to deliver the Services to you, to improve our Services and to develop analytics and aggregated data that allow us and our affiliates to improve our Services. In order to make full use of our Services, you must first complete the registration process by creating Login Credentials. Once you give us your Personal Information, you are no longer anonymous to us.

 

In addition, we collect information related to your usage of our Services. This includes information around sleep sessions entered and feedings recorded, along with answers to questions around your personality and environment. This sole purpose for obtaining this information is to provide a customized experience for you within the Nod App. We will not share that information with third parties, except for internet or telecommunications companies who we use to provide the Services. As one example, you can use our Services to receive push notifications advising you to begin your child’s sleep routine.

 

In addition, you have the option to provide demographic information (such as income level and preferred language of communication) to us; by submitting this information we can provide you a more personalized experience on our Website.

 

2. INFORMATION WE COLLECT ABOUT USERS OF OUR SERVICES.

 

We automatically track certain information based upon your use of our Services. We use this information to do internal research on our Users' demographics, interests, and behavior to better understand, protect and serve you and our community of Users.

 

By using our Services, you indicate your consent for Rest Devices and our affiliates to send cookies to your computer or mobile device in order to uniquely identify your browser and improve the quality of our Services; you may turn off cookies in your browser though, in doing so, some or all of our Services may not work. For a description of how cookies work, please see the section entitled "Cookies" below.

 

When you visit the Website or otherwise access the Services, web servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the Website), which is stored as anonymous, aggregate data.  Rest Devices also collects more specific information about you and your use of the Services (such as, for example, demographic data, profile data and frequency or duration of use). Collecting such data may entail the use of software programs, web beacons, pixel tags, cookies, IP addresses or other numeric codes used to identify a computer.

 

A) LOG FILES.

 

Like many websites, we automatically gather certain information about our Website traffic and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information, which does not identify individual users, to analyze trends, to administer the Website, to track Users' movements around the Website and to gather demographic information about our User base.

 

We do not link this automatically collected data to Personal Information.

 

We use a third-party tracking service that uses log files and cookies, see below, to track non-Personal Information about visitors to the Website in the aggregate. This service captures usage and volume statistics to improve our Services.

 

B) COOKIES.

 

Cookies are small files that are stored on your computer, smartphone or other device by your web browser.  Cookies in and of themselves do not personally identify Users, although they do identify a User's computer.

 

Our advertising partners may also transmit cookies to your computer, when you click on ads that appear on our site.  This Privacy Policy does not cover the use of cookies by any advertisers.

 

We use both session and persistent cookies on this Website. We do not link the information we store in cookies to any Personal Information you submit while on our Website. This Privacy Policy covers the use of cookies by the Services.

 

Session cookies are transient, existing only in temporary memory while currently using the Services.  As the name suggests, session cookies help us provide the Services only during the current session. Session cookies expire when you close the browser.

 

“Persistent cookies” remain on your hard drive for an extended period of time.

We set a persistent cookie to store your password, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Website.

 

On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to refuse some or all cookies, or to delete existing cookies from your device. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service's features.  If you reject cookies, you may still use our Website or other Services, but your ability to use some areas of our Website or some Services may be limited.

 

C) CLEAR GIFS (WEB BEACONS).

 

A clear gif (which is also known as a "web beacon" or "pixel tag") is an electronic file that usually consists of a single-pixel image.  It can be embedded in a web page or in an email to transmit information. We may employ clear gifs that help manage content on the Website by tracking what content is effective. We may tie the information gathered by clear gifs to our Users' Personal Information primarily as it relates to transmitting information to Users via email.

We use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see "Choice and Opt-out."

 

D) EMBEDDED SCRIPTS.

 

We may use Embedded Scripts, which are programming code that collects information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or a third party provider and is deactivated or deleted when you disconnect from the Website. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

 

E) MOBILE USE.

 

If you use our Services on a mobile device, we may collect information from your device, including device ID, your mobile carrier, and your physical (GPS) location. We may store and use that information for security purposes (for example, for user verification). We do not share your location information with third parties. Depending on your device, you may turn off location services by going to your device settings.

 

Once you have established your account on your mobile device or computer, we collect information we receive from your mobile device or computer, including, but not limited to, your device type and the serial number of its chip.

 

Use of the Services on a mobile device or the Nod App may allow your mobile carrier or other access provider to view data that appears on the device as a result.

 

F) BEHAVIORAL (TARGETED) ADVERTISING.

 

Online behavioral (or targeted) advertising refers to a broad set of activities companies engage in to collect information about your online activity (like webpages you visit) and use it to show you ads or content they believe to be more relevant to you.  To accomplish this, companies use a variety of tools to collect information, typically including cookies, clear gifs (or web beacons) and tracking pixels.

 

G) DO NOT TRACK POLICY.

 

Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities, over time and across different websites.  Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked.

 

Rest Devices does track your online activities outside of the Services so setting or releasing your Do Not Track signal will affect how the Services operate.  Should you set or release your Do Not Track signal, Rest Devices shall comply with such setting.

 

For clarity, this is just our Do Not Track Policy.  We cannot and do not make any promises about how third parties react when you set Do Not Track signals on your browser.  In addition, the Do Not Track signal does not impact the use of information collected prior to such request.

 

H) CALIFORNIA RESIDENTS.

 

Under California Civil Code Section 1798.83 (the "Shine the Light" law), California residents who provide personal information in obtaining products or services from Rest Devices are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses.  If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2016 will receive information regarding 2015 sharing activities). If you are a California resident and would like a copy of this information, please submit a written request to:

 

Rest Devices, Inc.

Attn:  California/Shine the Light

Unit 207

4 Brattle st, Cambridge, MA 02138

 

I) BUSINESS TRANSFERS.

 

Rest Devices may transfer traffic and service data (including Personal Information) and analytics to any successor to all or substantially all of its business or assets that concerns the Services.  In the event of any such transfer, the successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.

 

3. INFORMATION WE COLLECT TO RESPOND TO YOUR CHOICES AND REQUESTS.

 

A) REGISTRATION.

 

In order to use some features of our Services, you must first complete the registration form and create a username and password. During registration, you are required to give accurate and correct contact information (such as name and email address) in accordance with our Terms of Service. We use this information to contact you about our Services in which you have expressed interest. Your registration information will allow us to link your usage of the Nod App and allow you access to Public Areas. We will use this information in order to provide our Services to you. We may also link your registration information to aggregate information about your usage of our Services, and we will use that information to understand how you use our Services and to improve our performance of Services to you.

 

B) SURVEYS, CONTESTS, OR PROMOTIONS.

 

We may provide you the opportunity to participate in surveys, contests or promotions through our Services. If you participate, we will request certain Personal Information from you. The requested information typically includes contact information (such as name and shipping address) and demographic information.

 

We use this information to notify contest winners and award prizes, to monitor website traffic, or to personalize our Services (in the case of anonymous information collected in surveys) and to send participants an email newsletter.

 

We may use a third party service provider to conduct these surveys, contests or promotions through our Services. If we use a third party to do so, a link to the third party's privacy policy will appear in the window that opens for the survey, contest or promotion, and you are now subject to that third party's privacy policy. If you have any questions or concerns regarding how such third parties use your information, please consult the applicable third party's privacy policy. You agree that we will not be responsible or liable for any loss or damage incurred in connection with our affiliation with such third parties, their activities through our Services, and the sharing of your information with such third parties.

 

If you do not see a link to a privacy policy in a survey, contest or promotion window that pops up automatically or opens when you click on a link, or if you fill out a survey, contest or promotion form on our website that appears on a main page without a separate privacy policy link, our Privacy Policy applies.

 

C) PUBLIC AREAS.

 

If you choose to post messages in our forums and chat rooms or other Public Areas, or leave feedback for other Users, we will collect the information you post. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems.

 

If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. We reserve the right to terminate the accounts of Users who use these Services in a manner inconsistent with the Terms of Service.

 

4. COMMUNICATION FROM US OR OUR WEBSITE.

 

A) NEWSLETTERS.

 

If you wish to subscribe to our newsletter(s), we may use your name and email address to send a newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section.

 

B) SERVICE-RELATED ANNOUNCEMENTS.

 

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

 

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

 

C) CUSTOMER SERVICE.

 

Based upon the Personal Information you provide us, we will send you a welcoming email to verify your Login Credentials. We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. You may contact customer service at support@nodtosleep.com.

 

D) PROFILE.

 

We may store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a "profile" of your preferences. We do not tie your Personal Information, or your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the Website for you. We share your profile with third parties in aggregate form only.

 

E) ENHANCEMENT OF PROFILE INFORMATION.

 

We may purchase marketing data from third parties and add it to our existing User database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual Users, we tie this information to the Personal Information they have provided to us.

 

5. CONDITIONS UNDER WHICH WE SHARE INFORMATION.

 

A) AGGREGATE INFORMATION (NON-PERSONALLY IDENTIFIABLE).

 

We may share aggregated information about our user base with our Affiliates and business associates. This information does not identify individual Users. While we do not currently use advertising to support our Services, we reserve the right to share aggregate information with advertisers or data brokers who may be interested in such data. If we do decide to use advertising to support our Services, we may share usage information about our Services with our advertising affiliates to help them target advertisements to appropriate Users.

 

We may share information collected from our Users in disaggregated and anonymous form in connection with clinical research purposes in order for our research organization partner to develop new ways to improve our products and Services for your use. These research purposes may include, but are not limited to, the following: (1) evaluating child sleep patterns, (2) determining how different elements of a child’s life (such as the age of a child) affect those patterns, (3) identifying parent/caregiver concerns about sleep in young children, and (4) assessing efficacy of sleep-related education. Research may involve the optional completion of sleep-related questions.


All disaggregated and anonymous data will not include child’s name, your name, your username, or email. Your participation in research purposes is strictly voluntary. You may refuse to participate or you may discontinue participation at any time without penalty or loss of Services. If you have any questions about clinical research purposes or wish at any time to have your data removed from being used for research, contact support@nodtosleep.com.

 

We do not link aggregate User data with Personal Information. Your contributions or notes to a module, forum or other service on the Website ("Contribution") may also be aggregated and made publicly available. Your Contributions may be aggregated according to their registration and login status.

 

6. PERSONAL INFORMATION.

 

Some of our Services may include features that give you the option to share certain of your Personal Information with friends and other third parties. If you use such features, we will share such information with the persons you identify.

 

Currently, Rest Devices will not share Personal Information with any third party for purposes that are not related to the Services.  In addition, Rest Devices may disclose Personal Information if (a) reasonably necessary for Rest Devices (or its service providers) to operate the Services, including processing your queries, responses and other messages,(b) to communicate with our partner Johnson & Johnson ("JNJ”), (c) otherwise permitted under the Privacy Policy or elsewhere in the Terms of Service, (d) Rest Devices reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of Rest Devices or any third party or to enforce the Terms of Service, or (e) otherwise authorized by you.

 

7. CHOICE AND OPT-OUT.

 

We provide you the opportunity to 'opt-out' of having your Personal Information used for certain purposes, when we ask for this information.

 

If you no longer wish to receive our newsletter and promotional communications, if any, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at support@nodtosleep.com. We offer an opportunity to opt-out of certain communications on the Website, through the Nod App, or you may contact us at support@nodtosleep.com.


 

8. LINK TO OTHER WEBSITES.

 

The Website may contain links to other websites that are not owned or controlled by Rest Devices. Please be aware that we are not responsible for the privacy policies of such other websites.

 

We encourage you to be aware when you leave our Website and to read the privacy policies of each and every website that collects Personal Information.

 

This Privacy Policy applies only to information collected by our Services.

 

9. ACCESS TO PERSONAL INFORMATION.

 

If your Personal Information or registration data changes, you may correct, update, or delete it by making the change on your member information page, to the extent such page is available on the Website or the Nod App. You may terminate your account at any time by indicating so on the Nod App, our Website, or contacting us at support@nodtosleep.com, and ceasing all use of the Services.  Please be advised that your account is not terminated simply by deleting the Nod App from your mobile device. Your registration and account can only be terminated by following the process described in the previous sentence.

Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online, for example on blogs, discussion forums, or other community posting or social networking websites, that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

 

10. INFORMATION SECURITY.

 

The security of your Personal Information is important to us. When you enter sensitive information on our registration forms, we encrypt that information using secure socket layer technology (SSL).

 

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

If you have any questions about security on our Website, you can email us at support@nodtosleep.com.

 

11. MINORS.

 

Our Services are not directed to people under 18 years of age. If you become aware that your child has provided us with Personal Information without your consent, please contact us at support@nodtosleep.com . We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we take steps to remove that information and terminate the applicable account. We may allow a child under the age of 18, such as a babysitter, to use the Services, but if we do so, we will request that you do not provide us with any Personal Information for such individual, and that individual will be using our Services under your account, at your own risk.

 

12. TERMS OF SERVICE.

 

Please also visit our Terms of Service establishing other terms and conditions governing the use of our Services.

 

13. TERMINATION.

 

If you terminate your registration and account for the Services, or if your registration or account is terminated for any reason by Rest Devices, then Rest Devices will remove your data from the Services; provided, Rest Devices may retain and use your data in the manner described herein, but only in aggregated or anonymous form.  You may contact us with questions at support@nodtosleep.com.

 

14. YOUR CONSENT.

 

By using any of our Services, you consent to the current version of our Privacy Policy. Information collected by the Services is subject to the Privacy Policy in effect at the time of use.

 

15. CHANGES TO OUR PRIVACY POLICY.

 

We reserve the right to change this Privacy Policy at any time and for any reason, without notice to you; however, we will post the updated Privacy Policy to the Nod App, the Website or by other means we select to provide you with notice of updates. Use of the Services is limited to Users who agree to be bound by our Privacy Policy and Terms of Service available on the Nod App and the Website.

 

16. FOR ADDITIONAL INFORMATION.

 

If you have any questions regarding our Privacy Policy, please contact us at support@nodtosleep.com.

 

Last updated June 2018.