Happy Sleep
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Happy Health Terms of Use

Last Updated: October 26, 2026

These Terms of Use (“Terms”) are a legal contract between You and Happy Health (“We,” “Us,” “Our,” or “Happy Health”) that governs Your use of Our websites and any successor, affiliated, or replacement sites We operate (each, a “Website” and collectively, the “Websites”). As applicable, these Terms govern Your use of the physical wearable products that We furnish to You for use with the Services (as defined below), together with any accompanying services, in addition to any content or other materials made available therein (“Happy Products” or “Products”, and collectively with the Websites, the “Services”). Any Membership is governed by the User Agreement, and “Membership” has the meaning given to that term in the User Agreement. All text, data, information, software, graphics, photographs, images, audio, video, and other content made available through the Services are referred to in these Terms as the “Materials.”

Your use of Happy Products, including any Membership or Clinical Services (as defined below), is also governed by the Happy Health User Agreement (the “User Agreement”), which is incorporated into these Terms by reference. If there is a conflict between these Terms and the User Agreement, the User Agreement controls as to the subject matter it expressly addresses, including pricing, billing, refunds, Membership, renewal and cancellation, and the Clinical Services provided to You. The classification of any Service as a Clinical Service or a Wellness Service is determined under these Terms. These Terms control in all other respects.

Some Services are clinical and some are not, and these Terms treat them differently. Clinical Services means those Services that (a) are ordered by a licensed healthcare professional, (b) are billed or submitted to Your insurance carrier or another third-party payer as a healthcare service, (c) would reasonably be understood to be clinical or diagnostic in nature, based on what the Service does rather than how it is described, or (d) We expressly identify to You as clinical or diagnostic (each a “Clinical Service”). Every other Service is a “Wellness Service.” For the avoidance of doubt, data generated through a Wellness Service may be reviewed or discussed with a licensed healthcare professional as part of a clinical consultation without causing that data or the underlying Wellness Service to be considered a Clinical Service. Clinical Services also include any additional clinical or diagnostic services described in the User Agreement. Classification as a Clinical Service or a Wellness Service applies to each Service individually and not to any package, plan, program, or offering through which Services are made available. A Membership is not a Clinical Service, and purchasing a Membership, or any other package, plan, program, or offering, does not make any Service a Clinical Service; where a package includes a Service that is ordered by a licensed healthcare professional, that Service is a Clinical Service and the remainder of the package is not. A Service is not a Clinical Service merely because it relates to health, sleep, or wellness, because it produces or displays health-related information, measurements, scores, or insights, or because it is described as screening, monitoring, or a risk or assessment. A Service is not a Clinical Service merely because a licensed healthcare professional discusses or comments on information with You without providing a diagnosis, treatment recommendation, or other clinical judgment. Membership functionality does not diagnose any condition, and where it indicates that You may benefit from clinical follow-up, any resulting consultation, testing, or treatment is a Clinical Service. Where these Terms state that the Services are not intended to diagnose, treat, cure, or prevent disease, or disclaim responsibility for health outcomes, those statements apply to the Wellness Services only. Nothing in these classification provisions limits any provision of these Terms addressing claims for professional negligence or medical malpractice, which apply regardless of how a Service is classified.

READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY OF OUR SERVICES. USING OR ACCESSING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

The Services are currently offered for use only in the United States, and these Terms are written for United States residents.

CHANGES TO THE SERVICES & TERMS

We may alter the Services or any portion thereof and/or choose to modify, suspend or discontinue the Services at any time, with or without notifying You. However, if We discontinue a paid Service, or make a material and adverse change to a paid Service for which You have already paid, the notice We will provide and the remedy available to You are as set forth in the Changes to the Services & Terms section of the User Agreement. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website and, in accordance with applicable law, providing You with notice, including by contacting You via email. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms presented to You through Your use of the Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE OF SERVICES

By using the Services, You agree, represent and promise that You are at least 22 years of age.

We invite You to use the Services for Your individual, consumer purposes ("Permitted Purposes") – enjoy!

In these Terms We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any portion thereof and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services in any manner. If You make copies of any of the Services while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

GEO-LOCATION TERMS

The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, You are agreeing to be bound by Google’s Terms of Use.

USING THIS WEBSITE AND THE WEBSITE’S SERVICES

We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!

However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials We offer, You must successfully register an account with Us.

PASSWORD RESTRICTED AREAS OF THE SERVICES

If You want an account with Us, You must submit the following information through the applicable account registration page:

  • A working email address;
  • A mobile phone number;
  • First and last name;
  • Preferred username and password.

You may also provide additional, optional information so that We can provide You a more customized experience when using this Website or any other portion of the Services –but, We will leave that decision with You. Once You submit the required registration information, You will be sent an email detailing how to complete Your registration. We may decline to open an account, or may suspend or close an existing account, as described in the Term and Termination section below, including for breach of these Terms, failure to meet the age or other eligibility requirements stated in these Terms or the User Agreement, or suspected fraudulent or unlawful activity. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. If You forget Your password, You may request a password reset, which will be sent to the email address associated with Your account.

You are responsible for complying with these Terms when You access this Website or access or use any portion of the Services, whether directly or through any account that You may setup through or on this Website or the Services. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of the Website or Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website or Services. Should You believe Your password or security for this Website or the Services has been breached in any way, You must immediately notify Us.

ELECTRONIC COMMUNICATIONS

By using the Services, You consent to receiving electronic communications (e.g., emails, texts, and calls) from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications may include marketing information about other products and services from Us. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

By providing a mobile phone number to us through the Services or in connection with Your receipt or use of Our Services, You provide Your prior express written consent to receive calls or text messages sent by or on behalf of Happy Health to such phone number, including autodialed calls and/or text messages, for operational or transactional purposes such as notifications of updates to Our Services and marketing information about other products or services from Us. Your consent to receive autodialed or prerecorded calls or text messages is not a condition of purchasing or receiving any product or service from Us. Message frequency varies. Message and data rates may apply. You may opt out of marketing text messages at any time by replying STOP to any message from Us, and You may reply HELP for assistance. Opting out may prevent Us from delivering certain operational or transactional notices to You by text message, and We may continue to contact You by email or through the Services as necessary to service Your account and comply with applicable law. Carriers are not liable for delayed or undelivered messages.

PRIVACY AND SECURITY

We respect the information that You provide to Us and want to be sure You fully understand exactly how We use that information. We have implemented a Privacy Policy (“Privacy Policy”) https://happysleep.com/privacy-policy which provides additional information on how We collect and use Your information. Please review Our Privacy Policy for further information.

Which Privacy Rules Apply. Information We collect in connection with a Clinical Service is held by the professional corporation or professional association associated with Happy Health (each a “PC”) or the third-party professional practice that provides that Clinical Service, and is governed by the applicable Notice of Privacy Practices. Information We collect in connection with a Wellness Service, including information generated through a Membership, is held by Happy Health and is governed by Our Privacy Policy. Where the same information arises in both the Clinical Service and Wellness Service context, the rules that govern are those applicable to the Service through which the information was collected.

References in these Terms to a Notice of Privacy Practices mean the notice provided by or on behalf of the PCs associated with Happy Health or the third-party professional practice that provides Clinical Services to You, which will be provided to You at or before the first Clinical Service You receive. Happy Health does not issue that notice, and Our Privacy Policy governs the information Happy Health holds.

We use administrative, organizational, technical, and physical safeguards to secure and protect the personal data We collect and process. Measures We use include, where appropriate, encryption, pseudonymization and access management systems. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, availability, and resilience. We periodically test Our Services, systems, and other assets for security vulnerabilities.

We will take reasonable precautions to ensure that Our personnel who are granted access to information about You are trained to process that information only in accordance with these Terms, Our Privacy Policy, and applicable law.

We will provide notice of a security breach to You and to relevant authorities to the extent, and in the manner, required by applicable law.

We think links are convenient, and We sometimes provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow You to configure Your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in Your third-party site account.

SUBMISSIONS

Certain areas of the Services (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.

By submitting any User Submission, You are promising Us that:

  • You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;
  • Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, sublicensable, non-exclusive, fully-paid, worldwide, royalty-free license to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

The license granted above extends only to User Submissions in de-identified or aggregated form. It does not extend to, and We will not rely on it to use or disclose, any information that identifies You or that constitutes individually identifiable health information. Our collection, use, and disclosure of that information is governed by the privacy rules identified in the Privacy and Security section above and by applicable health privacy law, rather than by this Section.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind arising from any User Submissions. Further, You agree that We may disclose Your User Submission in de-identified or aggregated form to third parties without any obligation of confidentiality on the part of the recipient. Disclosure of information that identifies You is governed by the privacy rules identified in the Privacy and Security section above.

UNAUTHORIZED ACTIVITIES

We authorize Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in the Services remain Our property.

Unauthorized use of the Services may infringe Our copyrights or other intellectual property rights, or those of third parties, and may violate applicable law. Because We prefer keeping this relationship conflict-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

  • For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
  • In a manner that violates any local, state, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt the Services or servers or networks connected to the Services;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Happy Health and Our subsidiaries, affiliates, licensors, suppliers, and service providers (including the PCs associated with Happy Health and other third party providers), and each of their respective officers, directors, employees, contractors, and agents (collectively, the "Happy Health Parties"), from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your breach of these Terms or of any additional terms applicable to Your use of the Services; (b) Your use or misuse of the Services; (c) Your User Submissions or Feedback; or (d) Your violation of any applicable law or of the rights of any third party. We will provide You with written notice of any claim for which We seek indemnification, although Our failure to do so will not relieve You of Your obligations except to the extent You are materially prejudiced by the delay. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in that case You agree to cooperate with Our defense of the claim. You may not settle any such claim in a manner that imposes any obligation, liability, or admission on any Happy Health Party without Our prior written consent.

PROPRIETARY RIGHTS

"Happy Health," “Happy Ring,” and “Happy Sleep” are trademarks that belong to Us. Other trademarks, names and logos via the Services are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are Our sole property, Copyright © 2026, Happy Health. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Our Copyright Agent of claims of infringement. Notice should be addressed to Our designated agent as follows: Attn: Copyright Agent, Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744, Austin, TX 78758; Telephone: 1 (217) 834-1541; Email: copyright@happysleep.com. We have designated this agent with the United States Copyright Office as required by 17 U.S.C. § 512(c)(2).

To be sure the matter is handled immediately, Your written notice must:

  • Contain Your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
  • Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
  • Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, Our Copyright Agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Copyright Agent with a written counter-notification that includes the following information:

  • Your physical or electronic signature;
  • 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 access to it was disabled;
  • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person

If We receive a valid counter-notification, We will promptly forward it to the party who submitted the original take-down notice and inform that party that We will restore the removed material in ten (10) business days. Unless that party notifies Us that it has filed an action seeking a court order to restrain the allegedly infringing activity, We will restore the removed material not less than ten (10) nor more than fourteen (14) business days after receipt of the counter-notification.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.

LIMITED PRODUCT WARRANTY

The Happy Products are covered by the limited warranty set forth in the LIMITED PRODUCT WARRANTY section of the User Agreement, which states the applicable warranty period (the "Warranty Period"), Your sole and exclusive remedies, the claim process, and the exclusions that apply. That section governs, and these Terms do not create any separate or additional warranty for the Happy Products.

The limited warranty set forth in the User Agreement gives You specific legal rights, and You may have other rights that vary from state to state. Nothing in these Terms limits any right You may have under applicable state law that cannot be waived or limited by agreement.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR RESULTING FROM A COURSE OF DEALING, LAW, CUSTOM, USAGE, OR TRADE PRACTICE.

NOTHING IN THIS SECTION DISCLAIMS ANY WARRANTY OR OBLIGATION THAT CANNOT LAWFULLY BE DISCLAIMED, AND NOTHING IN THIS SECTION LIMITS OR DISCLAIMS THE PROFESSIONAL DUTY OF CARE OWED TO YOU BY A PROFESSIONAL CORPORATION AFFILIATED WITH HAPPY HEALTH, A THIRD-PARTY PROFESSIONAL PRACTICE, OR AN INDIVIDUAL HEALTHCARE PROFESSIONAL, REGARDLESS OF HOW ANY SERVICE IS CLASSIFIED UNDER THESE TERMS.

TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH IN THE "LIMITED PRODUCT WARRANTY" SECTION OF THE USER AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES (OR ACCESS TO OR USE OF THE SERVICES) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES/ASSOCIATED PCS SHALL CREATE ANY WARRANTY.

The Wellness Services are not intended to diagnose, treat, cure, or prevent any disease. This statement does not apply to the Clinical Services, which are medical or diagnostic in nature and are provided by or under the supervision of licensed healthcare professionals as described in the User Agreement. If You have a medical or heart condition, consult Your doctor before using the Wellness Services, engaging in an exercise program, or changing Your diet. If You experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from third-party training programs, products, or events You learn about through the Wellness Services. This does not limit any obligation owed to You by a PC associated with Happy Health, a third-party professional practice, or an individual healthcare professional.

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED BELOW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) OUR FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE; (C) OUR WILLFUL MISCONDUCT; (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; OR (E) CLAIMS FOR PROFESSIONAL NEGLIGENCE OR MEDICAL MALPRACTICE AGAINST A PC ASSOCIATED WITH HAPPY HEALTH, A THIRD-PARTY PROFESSIONAL PRACTICE, OR AN INDIVIDUAL HEALTHCARE PROFESSIONAL, TO THE EXTENT LIABILITY FOR SUCH CLAIMS MAY NOT LAWFULLY BE LIMITED. IN NO EVENT WILL HAPPY HEALTH’S LIABILITY EXCEED (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) THE GREATER OF ONE HUNDRED DOLLARS ($100) AND THE AMOUNTS YOU PAID TO HAPPY HEALTH FOR THE APPLICABLE PRODUCT(S) AND SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

LOCAL LAWS; EXPORT CONTROL

We control and operate the Services from Our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If You use the Services outside the United States of America, You are solely responsible for following applicable local laws. You represent and warrant that You are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to United States embargo or comprehensive economic sanctions, and that You are not identified on any list of prohibited or restricted parties maintained by the United States government, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control and the Denied Persons List and Entity List maintained by the U.S. Department of Commerce. You agree not to access, use, export, re-export, or transfer the Services, the Happy Products, or any Materials except in compliance with United States export control and sanctions laws and the laws of the jurisdiction in which You obtained them.

FEEDBACK

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and You voluntarily agree to waive all "moral rights" that You may have in,‎ and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant Us a non-exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

TERM AND TERMINATION

These Terms take effect when You first access or use the Services and remain in effect until terminated as described in this section.

Your right to terminate. You may stop using the Services at any time. You may close Your account using the account-closure function in the Services, if available, or by contacting Us at support@happysleep.com. Closing Your account does not by itself cancel a Membership or relieve You of amounts already owed.

Our right to suspend or terminate. We may suspend or terminate Your access to all or any part of the Services, or terminate these Terms, if: (a) You breach these Terms or any additional terms applicable to Your use of the Services; (b) We reasonably believe Your use of the Services creates a risk of harm to You, to other users, or to Us, or exposes Us to legal liability; (c) applicable law requires Us to do so; or (d) We cease to offer the Services. Except where a violation requires immediate action or where notice is prohibited by law, We will give You notice before terminating and, where appropriate, an opportunity to cure.

Effect of Termination. On termination, the license granted to You in these Terms ends immediately and You must stop using the Services and destroy any downloaded or printed Materials. We may deactivate or delete Your account and any associated content, subject to Our Privacy Policy and applicable law. You should export or retain a copy of any data You wish to keep before terminating.

Survival. The following provisions survive termination of these Terms: the license restrictions and proprietary rights provisions, Your representations and indemnity obligations, the Disclaimer of Warranties, the Limitation of Liability, the Dispute Resolution and Arbitration provision, and the General provisions.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision regarding dispute resolution, arbitration and class action waiver (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our associated PCs, licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is more efficient and cost effective than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU AND WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at support@happysleep.com the following information: (1) Your name, (2) Your address, (3) A written description of Your claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The Dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at support@happysleep.com within the Opt-Out-Deadline the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve Disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Claims Against Healthcare Professionals. Notwithstanding anything to the contrary in this Provision, this Provision does not apply to, and You are not required to arbitrate, any claim for professional negligence or medical malpractice against a PC associated with Happy Health, against a third-party professional practice, or against an individual healthcare professional, in each case to the extent that applicable law restricts or prohibits the pre-dispute arbitration of such claims. This exclusion applies notwithstanding the definition of “Dispute” in this Provision, including its extension to claims against other parties relating to services or products provided or billed to You. Any such claim will be resolved as provided by applicable law.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration, except that demands raising substantially similar claims may be administratively batched as provided in the section titled “Mass Arbitration; Batching and Bellwether Procedures” below. Administrative batching does not consolidate demands for adjudication, does not create or permit any class, collective, consolidated, or representative proceeding, and does not modify the Class Action Waiver below. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration, except that the administrative batching procedures described in the section titled “Mass Arbitration; Batching and Bellwether Procedures” below may apply as provided in that section.

Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Unless the arbitrator determines that an in-person hearing is necessary, the arbitration will be conducted on the basis of written submissions or by telephone or videoconference.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Except as necessary to enforce or challenge the award, to seek or obtain insurance or other benefits, or as otherwise required by applicable law, You and We will keep the existence, content, and result of the arbitration confidential.

Location of Arbitration

You or We may initiate arbitration in either Texas, New York or the federal judicial district that includes Your billing address.

Payment of Arbitration Fees and Costs

We will pay arbitration filing, administrative, and arbitrator fees to the extent required by the applicable AAA or JAMS consumer rules. If You submit a written request to the arbitrator at or before the first evidentiary hearing showing that payment of Your share of those fees would prevent You from pursuing Your claim, We will pay Your share. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. Each party will bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs to the extent available under applicable law or the applicable arbitration rules.

Mass Arbitration; Batching and Bellwether Procedures

If twenty (20) or more demands for arbitration raising substantially similar claims are filed against Us by or with the assistance of the same counsel or coordinated group of counsel within a ninety (90) day period, those demands will be administered in batches of no more than fifty (50) demands each, with each batch assigned to a single arbitrator selected under the applicable AAA or JAMS rules. Batching is an administrative measure only. Each demand remains an individual arbitration, no demand is consolidated with any other for purposes of adjudication, and nothing in this section authorizes a class, collective, consolidated, or representative proceeding or modifies the Class Action Waiver below.

For each batch, You and We will each select up to five (5) demands to proceed first as bellwether arbitrations. The remaining demands in the batch will be held pending resolution of the bellwether arbitrations. After the bellwether arbitrations conclude, You and We will confer in good faith, and if either party requests We will participate in a single mediation session, to attempt to resolve the remaining demands in the batch using the bellwether outcomes as guidance. A bellwether award binds only the parties to the demand in which it is entered and is not binding on any other demand.

Any applicable statute of limitations, and any contractual limitations period under these Terms, is tolled for each demand held in a batch from the date that demand is filed until the date it is released from the batch and may proceed. We will not assert any lapse of time occurring during that tolling period as a defense.

Our obligation to pay arbitration fees and costs under “Payment of Arbitration Fees and Costs” above applies to batched demands on a staged basis: We will pay the applicable filing, administrative and arbitrator fees for the bellwether arbitrations when they are commenced, and for each remaining demand when that demand is released from the batch and commenced. No such fees are payable for a demand that is resolved or withdrawn before it is commenced.

Nothing in this section limits Your right to opt out of this Provision on or before the Opt-Out Deadline, and any dispute may be initiated in either Texas or the federal judicial district that includes Your billing address as provided above.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Dispute Resolution Provision shall survive the termination of Your account with Us or Our affiliates/associated PCs and Your discontinued use of the Services. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the notice address set out in the Notices paragraph of the General section below), You may reject that change by sending Us written notice of rejection, at the address or email address stated in the Notices paragraph of the General section below, within thirty (30) days after We give notice of the change. A timely rejection means the version of this Provision in effect immediately before the change will govern any dispute between You and Us. If You do not reject the change within that period, the change applies to You, and Your continued use of the Services after the effective date stated in Our notice confirms Your agreement to it. A rejection under this paragraph applies only to the change rejected and does not affect the remainder of this Provision or Your agreement to arbitrate. This rejection right does not extend to the procedural provisions governing coordinated, batched, or mass filings set out in the section titled “Mass Arbitration; Batching and Bellwether Procedures” above, including the batching, bellwether, tolling, and fee-staging mechanics described in that section. Any change to those procedural provisions takes effect only on notice to You through the Services and by email to the address associated with Your account, and applies only to demands for arbitration filed after the effective date stated in that notice. Those provisions do not apply to demands filed before that effective date, and they do not alter the substantive rights, claims, defenses, or remedies available to You with respect to any claim, whenever it accrued. If the limitation on Your rejection right in this paragraph is held ineffective as to You, the procedural provisions identified above nonetheless apply to any user who first accepted these Terms on or after the Last Updated date shown at the top of these Terms, and a determination that they are unenforceable as to any user does not affect the remainder of this Provision.

GENERAL

Governing Law and Venue. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in New York County, New York.

Entire Agreement. These Terms, together with the User Agreement and any additional terms expressly incorporated into these Terms, are the entire agreement between You and Us regarding the Services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and Us about the Services.

Assignment. You may not assign or transfer these Terms, or any of Your rights or obligations under them, without Our prior written consent, and any attempted assignment without that consent is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of Our assets.

Notices. We may provide notices to You by email to the address associated with Your account, by posting them within the Services, or by any other method permitted by applicable law, and any such notice is effective when sent or posted. You must send notices to Us in writing to Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744, Austin, TX 78758, Attn: Legal, or by email to support@happysleep.com, and notice to Us is effective on receipt. Keeping Your email address current with Us is Your responsibility.

No Waiver. No failure or delay by You or Us in exercising any right, power, or remedy under these Terms operates as a waiver of that right, power, or remedy, and no course of dealing between You and Us will be deemed to modify these Terms. No single or partial exercise of any right, power, or remedy precludes any further exercise of it or of any other right, power, or remedy. No waiver of any provision of these Terms is effective unless it is in writing and signed by the party granting the waiver, and a waiver on one occasion is not a waiver of any subsequent occasion.

Force Majeure. We are not liable for any delay in or failure of performance caused by events beyond Our reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, failures of the internet or of telecommunications, utility, or hosting providers, or shortages of components or transportation.

Severability. Except as otherwise provided in the arbitration Provision above, if any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will first be interpreted or modified to the minimum extent necessary to make it valid, legal, and enforceable while reflecting the intentions of the parties as nearly as possible. If the provision cannot be so interpreted or modified, it will be severed from these Terms, and the remaining provisions will continue in full force and effect. The severability clause within the arbitration Provision governs the severability of the clauses within that Provision, and nothing in this paragraph modifies or overrides it.

No Third-Party Beneficiaries. These Terms are between You and Us. No other person has any right to enforce any of these Terms, except that any third party expressly identified as a third-party beneficiary in the User Agreement, or in any additional terms presented to You in connection with Your use of the Services, may enforce those provisions of these Terms that are expressly stated to be for its benefit, to the extent and for the purposes provided in those terms.

Limitations Period. Except where applicable law prohibits the shortening of the otherwise applicable limitations period, any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, and any claim not filed within that period is permanently barred. This limitation does not apply to any claim for professional negligence or medical malpractice.

Interpretation. Section headings are for convenience only and do not affect the interpretation of these Terms. "Including" means "including without limitation."

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758. If You have purchased a product through this Website’s ordering process, a description of what You have purchased and relevant pricing information are posted as part of that ordering process (please consult Your individual purchase confirmation e-mail for the charges You incurred). If You have a question or complaint regarding the Services, please contact Customer Service at support@happysleep.com. You may also contact Us by writing Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us via email at support@happysleep.com.

3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758