You are using the mobile app and/or website and/or webpages (hereinafter: “App”) provided by Dayzz Live Well Ltd., of 27 Maskit St., Herzliya, including its employees, agents, advisers, and any entity on its behalf (hereinafter: “Company”). The purpose of this App is to customize a personal sleeping plan for the user, based on sleeping habits, personal information, and data analysis, while also providing guidance and support through sleep coaches, consultants, and professionals from various fields on behalf of Company (hereinafter: “Team”), as part of which and at the sole discretion of Company the user will be offered various actions pertaining to sleep, based on, inter alia, his habits, wishes, and needs (hereinafter: “Program” and “Service”, respectively).
You are not permitted to use this App if you do not agree to the Terms of Service. The Terms of Service are written in the masculine gender solely for the sake of convenience and pertain to both men and women alike; the singular form also includes the plural form and vice-versa. The section headings are provided solely for convenience and ease of use, and they shall not be ascribed any interpretive value whatsoever.
Persons under the age of 18 and/or persons suffering from any medical condition that may limit and/or affect their participation in the Program are prohibited from using this App.
Please note! The Service does not constitute and does not include medical care and/or a substitute for medical advice and/or care. In any case that you suspect a medical issue, you must seek a qualified physician immediately.
a. In order to use this App, you must have a smartphone that can access the Internet and meets all Service requirements.
b. Company shall not be liable for the Internet service provided through User’s smartphone (“Internet Service”) by User’s wireless network provider, and Company will not provide any training or explanations on how to use the smartphone for Internet access, including any and all information pertaining to the cost of data packages and/or the cost of Internet access charged by User’s wireless network provider and/or the capabilities of User’s smartphone to access the Internet and/or the quality of Internet access and/or the nature of Internet services which User is entitled to receive from his wireless network provider.
c. Company does not charge User any payment for Internet access. Payment for Internet access is charged directly by User’s wireless network provider and in accordance with the service agreement between User and his wireless network provider. Connecting to the Service does not require Internet access through a particular cellular network or Wi-Fi network, and User is responsible for choosing a network through which User has Internet access.
d. The App in its entirety, including all online pages, categories, organization and information presented therein, messages and push notifications sent by Company, including the categories, organization and information presented therein, as well as push notifications sent through App, including the categories, organization and information presented therein, and any other method of illustration included in the App through messages and push notifications, including all information presented therein, and including the data, text, software, sounds, images, graphics, videos, messages and/or any other information inside the App (hereinafter: “Content”), is provided to User as is without any undertaking and/or liability of any kind whatsoever on the part of Company.
a. The sleep plan that will be personally customized for you by our Team will be based on your personal sleeping habits, including personal information that you will provide us with and an analysis of said data. The purpose of the Program is to help improve your sleep.
b. Our Team will guide you through the entire Program and help you adhere to it. Guidance will be provided mainly through the App’s chat interface, including group chat, but may also be provided via email, text messages, telephone calls, etc.
c. Unfortunately, we cannot guarantee that all participants will be enrolled in the Program and receive the Service, and Company does not guarantee that you will receive the offered Service by downloading and using the App.
d. At this time, the Service is offered free of charge, but the personal plan customized for you may include outside paid services, for which you will be required to pay directly in the event that you decide to make use of said services, and it is also possible that Company will decide to charge for using the Service and/or some part thereof in the future.
3. PROGRAM STAGES
-Preliminary Questionnaire – You will first be asked to fill out a personal questionnaire to help us understand your sleeping habits and lifestyle. If you would like to receive a personally customized plan, you must fill out the entire questionnaire.
-Personal Plan – The Service will customize a personal sleep plan just for you, including various relevant actions.
-Sleep Log – If necessary, User will be asked to maintain a daily record of his conduct during and near hi sleep using the electronic diary built in to the App, based on the instructions that appear in the App, so that regular guidance and monitoring may be provided.
-Personal Guidance – If necessary and at Company’s discretion, the Team will provide User with personal guidance throughout the Program to help User implement the recommendations and support him along the way. Guidance will be provided through personal and/or group chat included in the App and/or through SMS, email, telephone calls, etc.
-Personal Task List – The App will offer User a personal task list comprising recommended solutions and tasks, on various subjects, related to User’s personal sleep plan, including: recommended reading, music, activities, and more. It is hereby clarified and agreed that this content is general in nature, is provided mostly through third-parties, and has been inspired by and/or taken from various external sources intended solely to enrich User’s knowledge. This content does not constitute a recommendation and/or medical advice, and Company, Team and/or any entity on their behalf are not responsible for said content.
-Home Sleep Tracker – If necessary and at Company’s discretion, and provided your smartphone device supports it, your sleep may be monitored using an advanced sleep tracker, which we will provide you with free of charge for a limited time. You undertake to take good care of the device and use it reasonable and cautiously, in accordance with the manufacturer’s instructions, and to make sure that it is not damaged or lost. If the device is damaged and/or lost after handing it over to User, for any reason whatsoever, User undertakes to indemnify Company for the cost of the device immediately upon initial demand made by Company. This device makes it possible to collect personal information about your sleeping habits for the purpose of customizing the best sleep plan for you. It is hereby clarified that not all cases will require a sleep tracker, and in any case Company has sole discretion to decided whether or not a sleep tracker is required. It is hereby clarified that the number of sleep trackers offered to users free of charge is limited and if such a device is not available then you will have the option of leasing or buying one. User hereby grants the Team permission to access and examine the tracking information and User hereby agrees that whenever active consent is required through email and/or any other mean – User will grant permission for such access.
a. After downloading the App to your smartphone and in order to receive the Service, you will be asked to provide us with reliable and current personal information, including full name, date of birth, and email address (hereinafter: “Information”). It is hereby clarified that without disclosing said Information you will not be able to use the App and receive the Service.
b. In addition, you will be required to register in one of the following two ways: (1) registering for the Service using your personal Facebook account, which shall constitute registration under these Terms of Service. By registering using a Facebook account, User authorizes Company to make use of all contents included in his personal profile, including personal information, photos, friend lists, personal preferences, or alternatively, by (2) entering a 4-digit code sent directly to User’s smartphone via SMS, which shall constitute your temporary password for accessing the App and your personal settings. You are fully responsible for keeping your password safe and undertake to notify Company immediately of any unauthorized use of your password and/or any other breach of confidentiality.
c. The purpose of obtaining this Information is to enable Company to provide and/or offer the Service as well as to improve and optimize the Program and Service to candidates and customers of Company.
d. You undertake to provide us with correct, true and accurate information, as requested in the App’s registration form, and to not enter any information of a third-party or any information that is incorrect and inaccurate. In addition, you undertake to update said information as provided in the registration form so that the User Information is always correct and accurate. You must notify Company of any change and/or update in your medical condition and/or the Information provided to Company as well as of any other information relevant to Program.
e. Company and/or any entity on its behalf will not be liable for any activity in User’s account and/or settings by any entity who used User’s login information. If User suspects that his login information has made its way to others, he must notify Company immediately.
f. You may be asked to grant the App permission to access existing data on your smartphone when you register and fill out information, including your photo galleries, camera (including video), contacts, location, GPS, and more. The list of permissions required by the App may change from time to time and is listed when you install or update the App. You must grant these permissions to receive the Service offered in the App. This information will be used only by Dayzz and will not be sent to any third-party without User’s consent ahead of time.
g. Without derogating from that specified in these Terms of Service here in above and here in under, any User who signs up for the Service hereby warrants that he is interested in and consents to receiving push notifications from Company and/or any entity on its behalf, and that Company and/or any other company appointed thereby will send the information to any third-party at its sole discretion.
5. USING THE APP
h. By using the App, receiving the Service and participating in the Program, you hereby declare that to the best of your knowledge you are not suffering from any medical disorders (including mental health disorders) that limit and/or affect your participation in the Program. The foregoing is a prerequisite for participating in the Program.
i. Company allows you to make use of the App and Service, to watch the content and any other material included in the App, including the services offered in the App, for personal and non-commercial purposes only. It is hereby clarified that User is entitled to use the App, content and Service only to improve his sleep. Using the App, content and Service for any other purpose and/or to disrupt other users and/or to harm other App users is strictly prohibited.
j. Do not operate and/or enable operating any software and/or other means (including crawlers, robots, and so forth) for searching, scanning, copying, or automatically retrieving content from the App. This also includes a restriction on using any such means to make a collection, assembly or database of content from the App.
k. Using this content in any other app, website or network for any purpose whatsoever is strictly prohibited, and you may not use the App and/or any part thereof to hack into any computer systems (including those of the App itself) and/or to scan for ports and/or to distribute a computer virus or any other malware, such as: worms, trojan horses, etc. and/or chainmail and/or use the App for any purpose intended mainly to overload its computer systems and/or to prevent access to or disrupt the use of the App and/or any other app or website and/or to make any other use that may damage the App and/or its users and/or any third-parties.
l. Do not display the App itself and/or its contents inside a visible or invisible frame (iframe) and do not deep link to its pages, unless authorized by Company.
m. Do not reverse engineer the App and/or use the App in a manner that circumvents the App’s internal mechanisms and/or attempt to circumvent and/or damage the App’s security measures.
n. User undertakes not to use the App and/or the information contained therein to carry out any act that stands in violation of Amendment No. 40 of the Communications (Telecommunications and Broadcasting) Law, 5768 – 2008, regarding solicitation of commercial material to third-parties and/or any act intended to disrupt or interrupt any computer and communications systems, including Company’s computers.
o. You undertake not to make any use of the App or its contents for any illegal or prohibited purposes, in accordance with the terms and conditions specified in the Terms of Service and/or by law.
p. Uploading any content to the App and/or presenting such content in any other app and/or website and/or adjacent to other content, including illegal content, copyrighted content, libelous or slanderous content, and content violating third-party rights, is strictly prohibited, and taking any action forbidden by way of agreement and/or by law and/or any action that constitutes forgery, modification or erasure of information is also strictly prohibited.
q. As part the of the Program, you may be referred by our Team to a service and/or product and/or content and/or activity provided by a third-party and/or an external vendor that is not operated by Company, such as: external websites, various apps, and more, that include, but are not limited to, music, meditation, sport, reading, photos, social media, and more. User acknowledge that said external services are often paid services (hereinafter: “External Service”).
s. User hereby agrees and acknowledges that Company is not responsible for said External Service and/or the recommendations and/or the guarantees made by said External Service, and Company does not regularly monitor, check, control and/or track the quality, nature, reliability and dependability of external content, and therefore Company is not responsible for any such content.
t. Company is not responsible for maintaining said links in working order nor for the target destination of said links. Company is entitled at its sole discretion to change, add and/or remove recommendations, links, and external services without prior notice. Without derogating from the foregoing, Company is not responsible for any damage, whether direct or indirect, caused to User and/or his property as a result of using and/or relying on the information and content provided by an External Service that User accessed or was referred to from a link in the App and/or through messages and/or SMS.
u. Company is not responsible for the content of advertisements or commercial offers of third-parties that appear in the App and/or in any External Service, if any, and in any other service offered by Company. Any claim, suit, or demand on the part of User in respect of such offers, products or services and/or in respect of receiving such services or the consequences thereof will be referred by user directly to the third-party from which User received the service, offer or bought the service, and User shall make no claims or demands against Company and/or any entity on its behalf.
v. Any transaction made following a promotion of an External Service in the App and/or following a referral to an External Service will be made directly between the parties desirous of such transaction, and it does not and shall not include Company and/or any entity on its behalf as a party to said transaction or as a liable entity in respect thereof, even if information between the parties is sent through Company and/or the App. User declares that he is aware that the Service does not guarantee anything on the part of Company or any External Service.
w. The participant permits Company and Team to send information about him to any adviser and/or External Service that appears in the App, as well as to transfer information from the External Service to Company and Team in respect of the Program. It is hereby clarified that participant’s personal information will not be sent to a third-party without User’s prior consent, excluding cases in which Company is compelled to do so by law.
7. LIMITATION OF LIABILITY
a. The Service provided through this App is a service for individual users who are legally competent to enter into binding contracts under prevailing law. You agree to supply at your expense all equipment, software, Internet access, etc. required to use the Service.
b. User acknowledges and understands that the purpose of the App is to provide a plan that includes ways on how to improve his sleep and guide him through said plan and that he is signing up for the Program and/or using the App of his own volition. By joining and participating in the Program and/or by using the App, User agrees that he does not have and shall not make any claim and/or demand and/or suit against Company, Team and/or any entity on their behalf.
c. It is hereby clarified, agreed and disclosed to User that the Program and/or App do not constitute and do not include medical care and/or a substitute for medical advice and/or medical care. If you suspect a medical issue you must contact a qualified physician immediately. Participant warrants and agrees that in no case shall he make any claim and/or demand and/or suit against Company, Team and/or any entity on their behalf in respect of the Service and/or Program and/or App and/or the use thereof and/or any action proposed to participant as part of the foregoing.
d. It is hereby clarified, agreed and disclosed that User is offered a personal guidance plan as part of the Program using advanced technologies as necessary, and said guidance is made through remote communication, without any face to face interaction.
e. User warrants that it is clear, understood and known that following the various recommended actions and offers proposed during the Program is subject to his discretion and volition and he does not have to implement or perform them, all subject to User’s medical condition. In any case of doubt, User must consult a physician before implementing any action and/or recommendation given to him as part of the Program and/or in respect of the App. User warrants that he is aware that implementing recommendations and actions offered as part of the Program is solely his responsibility.
f. User warrants that it is clear, understood and known that in any case of an urgent issue, emergency or distress (physical or mental) he must seek immediate medical attention at a qualified physician or emergency room depending on the circumstances.
g. It is hereby clarified that the Service and/or Program do not constitute a representation on the part of Company as befitting of a certain purpose, nor to the reliability or accuracy of the content or to any of the content being free of any intellectual property violations. The content, recommendations, tasks and advice presented in the App and Program are collected from numerous sources. Company makes every effort to provide professional, complete and accurate information. Nevertheless, Company has no control over the sources of information and content (including, but without derogating from, commercial information), and therefore Company is not responsible in any way whatsoever for the information and content published on the App and/or does not guarantee the quality and/or correctness and/or validity and/or completeness and/or accuracy and/or suitability for any purpose thereof. The content may be outdated and Company does not guarantee to update the content at all or at any specific intervals whatsoever. The photos on the website are for illustration purposes only and are not binding. You will be fully responsible for using the content in the App and the consequences of doing so.
h. The content in the App does not constitute advice, recommendation, consultation, expert opinion, or an alternative to consulting with an expert in the relevant field, if necessary. Do not rely on the advice provided through the App to make any decisions, including decisions on professional, medical, legal, personal or financial matters.
i. It is possible that the App has and/or may have inconsistencies, discrepancies, errors and/or inaccuracies, despite Company taking all measures to verify the quality, reliability, completeness, accuracy and relevance of the content include in the App. Company shall not be responsible for any damage, expense and/or loss that may be caused to User as a result of such issues.
j. The decision to use the App and the responsibility for all consequences thereof is that of User only, and Company shall in no way be responsible for any damage, cost or loss arising from or related to using the App, ceasing use thereof, or User’s failure to use the App for any reason whatsoever.
k. Company and/or any of its owners and/or any of its executives and/or any of its employees and/or any entity on its behalf and/or on their behalf shall not be responsible in any way and shall not bear any direct, indirect, consequential, incidental, extraordinary or other damage of any kind whatsoever that has been caused and/or will be caused to User and/or a third-party, resulting from using or not using or failure to use the App, Program, Service and any other website and/or app associated with the App, including external content, or materials included in the App and in any such website, and from relying on the content and services offered in the App and/or through solicitation and/or SMS to which access is provided via the App and/or through said solicitation and/or SMS, as applicable, including loss of income and/or profit, caused for any reason whatsoever, no matter the grounds for suit or cause of damage, whether it be contractual, tortious, or otherwise, and notwithstanding that specified by law. The only remedy afforded to you in any case and notwithstanding that specified by law is to stop using the App.
l. Company records regarding actions performed through the App shall constitute conclusive evidence of the accuracy of such actions.
m. Company does not guarantee that the App will work flawlessly and without disruption and that it will be immune to damages, delays, malfunctions or failures stemming from, inter alia, Company hardware or software and/or that of any entity on its behalf, or malfunctions resulting from communication lines, means of communication, communication equipment or any other such restrictions, and User shall make no claim and/or suit and/or demand against Company and/or any of its owners and/or any of its executives and/or any of its employees and/or any entity on its behalf and/or on their behalf in respect thereof.
n. For the avoidance of doubt, it is hereby clarified that verbal statements, explanations, representations, and interpretations made by Company employees and/or any other entity on its behalf shall not bind Company, and neither will such statements, explanations, representations and interpretations made in newspapers, marketing brochures and/or any other advertising medium or means of illustration, and only that specified explicitly in these Terms of Service shall have any bearing whatsoever.
o. User agrees that, without derogating from any of Company’s other rights, in cases where Company believes and/or suspects that User’s use of the App does not correspond with the Terms of Service and/or any law, Company shall be entitled to track User’s use of the App, prevent User’s access to the App or transmit User’s behavioral patterns to third-parties who prove, to Company’s satisfaction, that they are being harmed by User’s infringing activity, as well as any other action Company deems appropriate to take in order to protect its property and/or rights, and User shall make no claim and/or demand and/or suit against Company and/or any of its owners and/or any of its executives and/or any of its employees and/or any entity on its behalf and/or on their behalf in respect thereof.
p. Company is not responsible for any illegal activity performed, if any, by any of its users through the App and/or by any entity over which it has no control.
q. Company and any entity on its behalf are not responsible and shall not be held responsible to Users for any claim regarding the correctness and/or incorrectness and/or inaccuracy and/or inconsistency with information registered in the App and/or for any damage or other claim in respect of said information or the reliability thereof. The foregoing pertains to information disclosed by User himself and/or information disclosed by other users.
r. Without derogating from the generality of the foregoing, you agree that Company’s overall liability to you, for all damages, if any, shall not, under any circumstances, exceed a total of one thousand (1,000) New Israeli Shekels.
8. INTELLECTUAL PROPERTY
a. All intellectual property rights of any kind whatsoever, including, but not limited to, copyrights, trademarks, brands, patents, trade secrets, samples, and so forth, including moral rights, behind the idea that forms the basis of the services provided by Company, the Program and its details, the content, design and editing in the App, content and Service, as well as the manner in which the information in the App is presented, designed and edited, its databases (including service lists and service descriptions), application codes, software, applications, graphic and other files, texts and/or any other material included and/or associated with the App and the operation thereof, whether said rights are registered or unregistered, are reserved exclusively to Company, and the use of said rights is permitted solely by Company. Do not make any use of these rights without the express written consent of Company.
b. Do not copy, duplicate, publish, distribute, publicly display, broadcast, transfer to a third-party or to the public or make available to them, process, change, create or make derivative works, sell or lease the protected materials or any part thereof, independently or through or in cooperation with a third-party, in any way or via any medium (including electronic, digital, mechanical, optical, photocopying or recording means, and so forth) and do not make any commercial use of the App and/or Program and/or Service and the information and/or any part thereof, without the express written consent of Company.
c. Company is not responsible for any damage or violation of intellectual property rights made in or around the App.
d. User undertakes not to make public the Program and/or Service and/or any part thereof, unless doing so under the terms and conditions specified. User also undertakes not to make public any product and/or output of information, whether printed or provided as a file on magnetic media or in any other way, and not to duplicate, copy, photocopy, or print any such product and/or output from the content of the App or any part thereof for the purpose of distributing or publishing it any way whatsoever.
Company will make all efforts using all measures at its disposal to maintain the confidentiality of the information of the App’s users and prevent them from leaking to outside entities. Nevertheless, since the information is accessible over the Internet and wireless networks, the Company cannot guarantee that said information will be totally immune to hacking and/or exposure. In the event that despite the security measures employed by Company a third-party successfully gains access to the information of the App’s users and/or abuses said information, User shall make no claim and/or demand and/or suit against Company and/or any of its owners and/or any of its executives and/or any of its employees and/or any entity on its behalf and/or on their behalf in respect thereof.
10. PRIVACY AND INFORMATION SECURITY
b. User warrants that he is aware that Company takes all accepted precautionary measures in order to maintain the confidentiality and information security of the information in the App, although there may be malfunctions outside the control of Company and/or malfunctions resulting from force majeure and Company and/or any of its owners and/or any of its executives and/or any of its employees and/or any entity on its behalf and/or on their behalf shall not be responsible for any damage of any kind whatsoever, direct or indirect, caused to User and/or any entity on his behalf due to using the App.
11. REVISIONS AND CHANGES
c. Company is entitled, at its sole discretion and without prior notice, to change the Terms of Service of the App and/or the Program itself and/or the Service, as well as any other matter pertaining to the App and the operation thereof, and to stop operating the App and/or stop operating parts thereof and/or deny access and/or restrict access to the App and/or parts thereof, without any prior notice whatsoever. Company has the sole discretion and right to grant access to the App or parts thereof and to restrict access to the App or parts thereof, without prior notice.
d. Company will notify User of any material change made to the Terms of Service and any continued use of the App by User shall constitute conclusive evidence that User agrees to the revised Terms of Service and the changes therein.
e. Please note that participation in the Program is not guaranteed. Company will select the most suitable candidates and participant warrants that he is aware and understands that Company is entitled to terminate his participation in the Program and/or deny him service at any time and at any stage, at its sole discretion.
f. It is hereby clarified that nothing specified in these Terms of Service and/or in any other document and/or in any other piece of information pertaining to the Program constitutes any sort of representation and/or guarantee to provide participant with the Service and/or Program.
g. It is hereby clarified that Company is entitled to immediately prevent access to the App from a User who breached any of these Terms of Service and to take against said User any remedy afforded to it by law (including disclosing relevant information to the competent authorities).
It is hereby clarified that registering through the App constitutes User’s express consent to receiving email and/or text messages from Company intended, inter alia, to encourage purchasing a product or service, including content that meets the definition of “advertising material” as specified in Amendment No. 40 of the Communications (Telecommunications and Broadcasting) Law, 5742 – 1982. Participant is aware that as part of using the App and receiving the Service, Company will from time to time send him information relevant to the Program through the App or via other means, such as text messages, emails, etc., including promotional or marketing information of Company and third-parties associated with the Program, and Company will contact him through the App and via other means (including phone calls, text messages, email, and any other relevant means), and User agrees to such contact and to having such information sent to him as specified above for the purpose of and in connection with the Program, and User undertakes to cooperate with Company and Team to make the Program succeed.
User permits Company to send him promotional materials, through email and/or fax and/or SMS and/or Israel Postal Company and/or any other means. This consent is explicit and is unlimited in time. User hereby agrees that his personal information for the purpose of sending such materials be stored in Company’s database. If User requests to opt-out of receiving such materials, he shall do so via email to firstname.lastname@example.org and his request will usually be processed within 10 business days at the latest.
In the event that User makes malicious and/or negligent use and/or any other use prohibited under these Terms of Service, and/or if User and/or any entity on his behalf abuse the Program and/or Service provided in the App, and/or if User breaches these Terms of Service, then User shall be required to indemnify Company, its employees, its executives, its shareholders or any entity on their behalf for any damage, loss, loss of profit, payment or expense caused to them, including attorney’s fees and legal expenses.
Company is entitled to assign its rights under these Terms of Service to any third-party it deems fit, without any duty on the part of Company to make public any such assignment. User agrees that uploading information to the App or downloading information from the App does not form any connection and/or relationship between User and Company which exceeds that specified in these Terms of Service. App activity and any legal grounds arising from using the App, including the validity and interpretation of the Terms of Service, will be subject to the laws of the State of Israel only and the exclusive jurisdiction to deliberate any dispute concerning the App and its use shall be that of the competent courts in Tel Aviv, Israel. In the event that a competent authority and/or judicial tribunal determines that part of these Terms of Service is not valid or enforceable, then those sections deemed invalid or unenforceable will be replaced valid and enforceable sections, the contents of which shall most closely match the intentions of the original sections, and all other sections of the Terms of Service shall remain in effect. These terms constitute the full and complete agreement between User and Company in respect of the App, and they replace any other previous document, communication or proposal, whether made electronically, verbally or in writing, between User and Company and/or any entity on its behalf in respect of the App. In the event of a discrepancy and/or inconsistency between the Terms of Service and any other information regarding and/or in respect of the Program and Service, the provisions in these Terms of Service shall prevail and take precedence.
For any further questions or to report issues with the App, please contact email@example.com.