Table of Contents
- Acceptance of Terms
- Eligibility
- Product Description & Intended Use
- Medical Disclaimer & Health Warnings
- Waitlist & Pre-Order
- Purchases, Payments & Pricing
- Shipping & Delivery
- Returns, Refunds & Warranty
- User Accounts & Data
- Intellectual Property
- Prohibited Uses
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution & Arbitration
- Governing Law
- Changes to These Terms
- Contact Information
Please read these Terms carefully. By accessing our website, joining the waitlist, pre-ordering, or using any Dreamz product or service, you agree to be bound by these Terms of Service. If you do not agree, do not use our website or services.
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "User," or "Customer") and Dreamz, Inc. ("Dreamz," "we," "our," or "us"), governing your access to and use of our website located at dreamz.sleep ("Site"), our mobile applications, any associated software platforms, and the Dreamz sleep neurotechnology device and related services (collectively, the "Services").
By clicking "I Agree," creating an account, joining our waitlist, placing a pre-order, or otherwise accessing or using any part of our Services, you (1) confirm that you have read, understood, and agree to these Terms in their entirety, (2) confirm that you have read our Privacy Policy, and (3) represent that you have the legal authority to enter into this agreement.
These Terms apply in addition to any other agreements you may enter into with Dreamz in connection with specific products, programs, or services.
Eligibility
You must be at least 18 years of age to use the Site, join the waitlist, or purchase any Dreamz product. By using our Services, you represent and warrant that you meet this age requirement.
Dreamz products and services are intended for use by adults with no relevant contraindicated medical conditions (see Section 4 — Medical Disclaimer). You are solely responsible for determining whether the Dreamz device is appropriate for your individual health circumstances.
If you are accessing or using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
Our Services are not directed at or intended for use by individuals in jurisdictions where such use is prohibited by law. We make no representation that the Services are appropriate or available in all locations.
Product Description & Intended Use
Dreamz is a consumer wellness wearable that uses non-invasive biometric sensing (including electroencephalography-inspired surface electrode technology) and adaptive low-intensity electrical stimulation to monitor and support improved sleep patterns in healthy adults. The Dreamz sleep mask is designed to:
- Detect and interpret surface-level brainwave activity during sleep;
- Deliver gentle, precisely timed electrical stimulation signals to support the user's transition into deeper sleep stages;
- Collect and synchronize sleep-related biometric data to a companion mobile application.
Dreamz is a consumer wellness product, not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to insomnia, sleep apnea, narcolepsy, epilepsy, or any neurological or psychiatric disorder. References to percentage improvements in sleep onset, sleep quality, or daily wellness reflect user-reported survey results and are not guaranteed outcomes.
Product specifications, features, and availability are subject to change at Dreamz's sole discretion. Final product specifications will be confirmed at the time of order fulfillment.
Medical Disclaimer & Health Warnings
⚠ Important Safety Notice: The Dreamz device is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before using Dreamz if you have any existing health condition.
Contraindications — Do Not Use If You:
- Have been diagnosed with epilepsy or any seizure disorder;
- Have a history of stroke, brain injury, or cranial surgery;
- Have an implanted neurostimulator, cochlear implant, cardiac pacemaker, or any other active electronic implant;
- Are pregnant or nursing;
- Have active skin conditions, wounds, or irritation on or near the forehead or temples;
- Are currently taking psychiatric medications (including antidepressants, antipsychotics, or anti-seizure medications) without prior medical clearance;
- Are under 18 years of age.
General Health Warnings
- Discontinue use immediately and consult a physician if you experience headaches, dizziness, skin irritation, tingling, muscle twitches, or any other adverse reaction;
- Do not wear the device while operating a vehicle or heavy machinery;
- If you have a diagnosed sleep disorder (e.g., sleep apnea), please consult your physician before using the Dreamz device, as it is not a therapeutic replacement for CPAP or other prescribed treatments;
- Long-term effects of consumer neurostimulation devices are an ongoing area of research; Dreamz does not warrant that its device is free of all risk with prolonged use.
No Doctor-Patient Relationship
Nothing in these Terms, on our Site, or within our product materials establishes a physician-patient or any other healthcare professional relationship. Information provided by Dreamz is for general informational and wellness purposes only.
Waitlist & Pre-Order
By joining the Dreamz waitlist, you acknowledge that:
- Joining the waitlist does not guarantee that you will receive a product or receive it by any particular date;
- Waitlist position is determined at Dreamz's sole discretion and may be modified at any time;
- Dreamz reserves the right to cancel the waitlist or any pre-order program at any time;
- Any estimated shipping timelines communicated are estimates only and not binding commitments;
- By joining the waitlist, you agree to receive marketing and product update communications from Dreamz, which you may opt out of at any time via the unsubscribe mechanism in our emails.
Pre-orders, when accepted, are subject to the purchase, payment, and cancellation terms set forth in Sections 6, 7, and 8 of these Terms. Pre-order pricing is not guaranteed and may change before the product ships; in such case, Dreamz will notify you before charging any amount in excess of the pre-order deposit.
Purchases, Payments & Pricing
Pricing
All prices displayed on the Site are in United States Dollars (USD) unless otherwise stated. Dreamz reserves the right to update or correct pricing at any time before an order is confirmed. In the event of a pricing error, we will notify you and give you the option to confirm the order at the correct price or cancel it for a full refund.
Payment
By completing a purchase, you authorize Dreamz (or its payment processor) to charge your payment method for the total amount, including applicable taxes. You represent that you are authorized to use the chosen payment method. We use industry-standard encrypted payment processing; we do not store full payment card details on our servers.
Taxes
You are responsible for all applicable federal, state, local, and international taxes, duties, and fees. Taxes are calculated at checkout based on your shipping address and applicable law. Tax rates and applicability are subject to change.
Order Confirmation
An order confirmation email does not constitute our acceptance of your order. We reserve the right to cancel or refuse any order at any time for reasons including but not limited to: product unavailability, suspected fraud, pricing errors, or export control restrictions.
Shipping & Delivery
Shipping estimates provided on the Site or in order confirmation emails are estimates only and are not guaranteed. Dreamz is not liable for delays caused by carriers, customs, natural events, or other circumstances beyond our reasonable control.
Risk of loss and title for products pass to you upon delivery to the carrier. You are responsible for providing an accurate and complete shipping address; Dreamz is not responsible for packages lost due to incorrect address information you provide.
For international shipments (when available), you are responsible for all import duties, customs fees, and compliance with local import regulations. Dreamz is not responsible for products seized or delayed by customs authorities.
Returns, Refunds & Warranty
Return Policy
Dreamz offers a 30-day return window from the date of delivery for unused, undamaged products in original packaging. To initiate a return, contact us at the address listed in Section 18. Dreamz covers return shipping costs within the contiguous United States; international return shipping costs are the customer's responsibility.
Products that have been used, damaged, or show signs of tampering are not eligible for return. Dreamz reserves the right to refuse returns or charge a restocking fee where appropriate.
Refunds
Approved refunds will be processed to the original payment method within 10 business days of receiving the returned product in acceptable condition. Original shipping charges are non-refundable unless the return is due to a Dreamz error or defective product.
Limited Product Warranty
Dreamz warrants that the hardware device will be free from material defects in materials and workmanship for a period of one (1) year from the date of original purchase ("Warranty Period"). This limited warranty covers manufacturing defects only and does not cover:
- Damage from misuse, abuse, accidents, modifications, or unauthorized repair;
- Normal wear and tear, including fabric degradation;
- Damage caused by use with third-party accessories or software;
- Damage caused by failure to follow Dreamz's care and usage instructions;
- Cosmetic damage that does not impair function.
To make a warranty claim, contact us at the address in Section 18 with proof of purchase. Our sole obligation under this warranty is, at our discretion, to repair or replace the defective device. This warranty gives you specific legal rights; you may also have additional rights that vary by jurisdiction.
Disclaimer
THE LIMITED WARRANTY ABOVE IS THE SOLE AND EXCLUSIVE WARRANTY DREAMZ MAKES WITH RESPECT TO THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DREAMZ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Accounts & Data
To access certain features of the Dreamz companion application and Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Dreamz immediately of any unauthorized access or suspected security breach.
Dreamz reserves the right to suspend or terminate accounts that violate these Terms, remain inactive for an extended period, or are associated with fraudulent activity.
Our collection, use, and retention of personal and biometric data (including sleep data collected by the device) is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully.
You retain ownership of personal data you submit to Dreamz. By using the Services, you grant Dreamz a limited, non-exclusive, worldwide, royalty-free license to process your data as necessary to provide the Services and as otherwise described in the Privacy Policy.
Intellectual Property
All content on the Site and within the Services — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — is the exclusive property of Dreamz or its licensors and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for personal, non-commercial purposes. This license does not include the right to:
- Reproduce, modify, distribute, publicly display, or create derivative works from any Dreamz content;
- Reverse engineer, decompile, or disassemble any software included in the Services;
- Remove or alter any copyright, trademark, or proprietary rights notices;
- Use automated tools (bots, crawlers, scrapers) to access or index the Site or Services without express written permission.
The Dreamz name, logo, and product names are trademarks of Dreamz, Inc. Use of these trademarks without express written permission is strictly prohibited.
Prohibited Uses
You agree not to use the Site or Services for any purpose that is unlawful, deceptive, or prohibited by these Terms. Without limiting the foregoing, you agree not to:
- Use the Services in any way that violates applicable local, state, national, or international law or regulation;
- Exploit, harm, or attempt to exploit or harm minors in any way;
- Transmit any unsolicited or unauthorized advertising, promotional material, or spam;
- Impersonate or misrepresent yourself or your affiliation with any person or entity;
- Interfere with or disrupt the integrity or performance of the Services or the servers and networks connected to them;
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems;
- Use the device in any medical, clinical, or diagnostic capacity;
- Collect or harvest user data from the Services without authorization;
- Use our branding, trade dress, or product imagery in any way that suggests unsanctioned affiliation with or endorsement by Dreamz.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DREAMZ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
DREAMZ DOES NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED;
- THE SITE OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE;
- THE DEVICE WILL ACHIEVE ANY PARTICULAR HEALTH OR SLEEP OUTCOME FOR ANY INDIVIDUAL USER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAMZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
- PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES;
- DAMAGE RESULTING FROM RELIANCE ON ANY CONTENT ON THE SITE OR ANY THIRD-PARTY PLATFORM;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
EVEN IF DREAMZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN ALL CASES, DREAMZ'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID DREAMZ IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not fully apply to you. In such cases, Dreamz's liability is limited to the fullest extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Dreamz, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms or any applicable law or regulation;
- Your use or misuse of the Site, Services, or the Dreamz device;
- Your User Content or any breach of your representations and warranties herein;
- Any claim by a third party arising from your acts or omissions in connection with the Services.
Dreamz reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim at your expense.
Dispute Resolution & Arbitration
Informal Resolution First
Before filing any formal legal claim, you agree to contact Dreamz at the address in Section 18 and give us 30 days to attempt to resolve the dispute informally. This does not limit our right to seek emergency injunctive relief.
Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), before a single arbitrator. The arbitration shall take place in the State of Delaware, or another mutually agreed location, and may be conducted by telephone or video conference. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver
YOU AND DREAMZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Exceptions
Notwithstanding the above, either party may bring an individual action in small claims court or seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
Opt-Out
You may opt out of the arbitration agreement within 30 days of agreeing to these Terms by sending written notice to the address in Section 18, stating your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of these Terms.
Governing Law
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
To the extent any claim is not subject to arbitration as described in Section 15, you consent to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware for the purpose of resolving such disputes, and waive any objection to such jurisdiction or venue.
Dreamz makes no representation that the Site or Services comply with the laws of any specific jurisdiction outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Changes to These Terms
Dreamz reserves the right to modify these Terms at any time at our sole discretion. When we make material changes, we will notify you by:
- Updating the "Last Updated" date at the top of this page;
- Sending an email notification to registered users;
- Displaying a prominent notice on the Site for a reasonable period.
Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.
We encourage you to review these Terms periodically to stay informed of your rights and obligations.
Contact Information
If you have questions or concerns about these Terms, please contact us:
- Email: legal@dreamz.sleep
- General Inquiries: hello@dreamz.sleep
- Mailing Address: Dreamz, Inc., Legal Department, [Address], Delaware, USA
For urgent safety concerns related to the device, please email safety@dreamz.sleep.