Terms of Service
Last Updated: December 29, 2025
IMPORTANT:
These Terms apply to customers located in the United States.
Please read them carefully before using the Sleepal website, mobile app, or purchasing any Sleepal products.
PART I – Terms of Use
1. General
1.1 The Sleepal website (“Website”) and mobile application (“App”) are operated by Xsmart Inc., a Hong Kong corporation, with its principal office at Room 204C, 2/F, Shui Fat Building No. 139-141 Wai Yip Street, Kwan Tong, Kowloon, Hong Kong.
1.2 By accessing or using the Website, App, or any Sleepal product or service, you agree to these Terms of Use. We may update these Terms periodically, and continued use after changes means you accept them.
1.3 Sleepal products and services are designed for general wellness and lifestyle improvement. Sleepal devices, applications, and any insights, recommendations, or notifications generated by them are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition. Please always consult with your physician or other qualified healthcare provider before starting or modifying any sleep, fitness, or wellness program. Never disregard or delay seeking professional medical advice because of Sleepal’s products and/or services.
If you have or suspect you have a sleep disorder (e.g., persistent insomnia, snoring with apnea, excessive daytime sleepiness, arrhythmia, nocturnal breathing difficulty), or have concerns about your health based on data or insights from the Sleepal products and services, promptly consult a licensed physician or other qualified healthcare provider.
Sensors and algorithms of Sleepal’s products and services may be affected by environmental conditions, wear/placement, device compatibility, and individual variability. Sleepal does not guarantee the accuracy or completeness of sleep stage, heart rate, motion, or other metrics. Such data is provided for trend reference and home self-management only. Clinical diagnosis or treatment requires professional medical evaluation and laboratory/clinical testing. You agree not to use Sleepal products and/or services to make any medical decisions (including starting, changing, or stopping medications or therapies). Any health-related decisions should be made under the guidance of a qualified healthcare professional.
Unless expressly stated, Sleepal products and services have not been reviewed or approved by the U.S. Food and Drug Administration (FDA) and are not intended to meet medical device regulatory requirements.
1.5 Our Services are not directed toward children under the age of 13 (or the legal age of majority in your state).
2. AI Insights and App License
2.1 The Sleepal App may use artificial intelligence and data analytics to generate personalized sleep insights and environment-based recommendations.
2.2 Certain features may collect sensitive data such as sleep duration, motion, or heart rate. By using these features, you consent to Sleepal’s processing of this information as described in the Privacy Policy.
2.4 The Sleepal App and firmware are licensed, not sold, to you. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App only with authorized Sleepal devices. Sleepal may update or modify the software to improve functionality or maintain security.
2.5 You understand and agree that all AI-generated insights and recommendations are provided for informational purposes only. You are solely responsible for deciding whether and how to act on these recommendations. Sleepal is not liable for any consequences resulting from your adoption of or reliance on such recommendations.
3. Liability and Disclaimers
The Website, App, and all Sleepal products are provided on an “as is” and “as available” basis.
Sleepal makes no warranties—express or implied—regarding uninterrupted service, accuracy, or fitness for a particular purpose.
To the fullest extent permitted by law, Sleepal is not liable for indirect, incidental, consequential, or punitive damages.
Nothing in these Terms excludes liability for death, personal injury, or fraud caused by Sleepal's negligence.
4. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
By agreeing to these Terms, you and Sleepal agree to resolve most disputes through binding arbitration instead of court.
4.1 Agreement to Arbitrate
Sleepal treats accessibility as an ongoing commitment. We review and update our digital properties regularly to maintain compliance with WCAG 2.1 Level AA and relevant U.S. and international standards.
Feedback from users and accessibility partners directly informs our roadmap for future enhancements.
4.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, App, or any Sleepal product shall be resolved by binding arbitration under the Federal Arbitration Act (FAA), rather than in court, except as noted below.
4.2 Exceptions
You may bring an individual claim in small claims court if your claim qualifies. Either party may also seek injunctive or equitable relief in court for alleged intellectual property infringement.
4.3 Class Action Waiver
You and Sleepal agree that any arbitration or court proceeding shall be conducted only on an individual basis. You may not bring a claim as a class, representative, or private attorney general action, and no arbitrator may consolidate multiple claims.
4.4 Arbitration Procedures
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. The arbitration will take place in the county of your residence (if in the U.S.) or in Los Angeles County, California, at your option. The arbitrator’s decision will be final and binding.
4.5 Opt-Out Option
4.6 Governing Law
This arbitration provision and these Terms are governed by the laws of the State of California and the Federal Arbitration Act.
PART II. Terms of Sale
1. Formation of Contract
Your purchase becomes binding once Sleepal sends a Shipment Confirmation email. Sleepal may refuse or cancel an order due to product unavailability, payment failure, or pricing errors.
2. Price, tax, and Delivery
2.1 Prices are displayed in U.S. Dollars (USD) and exclude applicable sales tax, unless otherwise stated. Sales tax will be calculated at checkout based on your shipping address.
2.2 Delivery estimates are provided for reference only. Sleepal is not liable for delays caused by carriers, customs, or events beyond its reasonable control.
2.3 Risk of loss passes to you upon delivery. Ownership transfers once full payment has been received.
3. Returns and Refunds
Products must be returned in original condition and packaging unless defective.
Custom or hygiene-sensitive items may not be eligible for return.
4. Limited Warranty
4.1 Limited Hardware Warranty Sleepal warrants that its hardware will be free from defects in materials and workmanship for one (1) years from the date of purchase under normal use.
4.2 Exclusions This warranty does not cover normal wear, cosmetic damage, consumables, misuse, accidents, or unauthorized modifications.
4.4 This limited warranty gives you specific legal rights, and you may have additional rights depending on your state.
5. Software License and Compliance
5.1 Reverse Engineering Prohibition. Except to the extent expressly permitted by applicable law that cannot be waived by contract, you will not, and will not permit any third party to, reverse engineer, decompile, disassemble, decrypt, derive source code from, discover underlying ideas or algorithms of, or otherwise attempt to access non-public implementation details of Sleepal’s products and services or any software, firmware, or applications. If reverse engineering is necessary for interoperability and allowed by law, you must first provide written notice to us and limit such activities to the minimum extent permitted, cooperating with us in good faith.
5.2 Territory/Geographic Restrictions. Sleepal’s products and services and related software are offered in certain countries/regions and are subject to local laws. We make no representation that Sleepal’s products and services are appropriate or available in all jurisdictions. You may access and use Sleepal’s products and services only in countries/regions where we support and lawfully provide them, and you are responsible for compliance with all laws applicable to your location. Certain features, content, or services may be unavailable due to geographic, language, partner, or regulatory limitations. If you move to an unsupported region, we may suspend or limit access without liability.
5.3 Auto-Updates and Change Notice. To improve security and performance, we may automatically download and install updates, upgrades, patches, and modifications (collectively, “Updates”) to the software, firmware, or applications that are part of Sleepal’s products and services. Some Updates may change or remove features. By using Sleepal’s products and services, you authorize us to push and install such Updates to your devices. We will provide reasonable notice of material changes (e.g., in-app notices, release notes, or website postings). Where an Update requires additional terms or system permissions, we will prompt you before installation. Where required by law, you may defer non-critical Updates in settings; however, we may require installation of critical security Updates.
5.4 Export Control and Sanctions Compliance. You represent and warrant that: (a) you are not located in, and you will not export, re-export, transfer, download, or otherwise make available the Services or any software, technology, or direct products thereof to, any country/region, entity, or individual subject to EU, UK, or (where applicable) U.S. sanctions or export control restrictions; (b) you are not listed on EU/UK sanctions lists, the U.S. Treasury Department’s SDN List, the U.S. Commerce Department’s Entity List, Denied Persons List, or similar restricted party lists; and (c) you will comply with all applicable export, re-export, anti-circumvention, and sanctions laws and regulations, including the EU Dual-Use Regulation (Regulation (EU) 2021/821 and amendments), UK Export Control Orders and sanctions regimes, and, where applicable, the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR, if applicable), and OFAC sanctions. You will not use Sleepal’s products and services for any prohibited end uses (including, without limitation, weapons of mass destruction, restricted dual-use applications, or other prohibited end uses). We may, where we reasonably believe a violation has occurred or may occur, suspend or terminate the Services in accordance with applicable law and conduct required screening and reporting. This clause does not limit your non-excludable rights under applicable law.
6. Limitation Liability
To the fullest extent permitted by law, Sleepal’s total liability for any claim arising from a purchase or product use will not exceed the amount paid for that product.
Some states do not allow limitations on implied warranties or incidental damages, so certain limitations may not apply to you.
7. Governing Law and Venue
Except as otherwise stated in the Arbitration Agreement, these Terms are governed by the laws of the State of California, excluding its conflicts of law principles.
If any dispute is permitted to proceed in court, it shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
Contact Us
Sleepal Customer Support
www.sleepal.ai
22000 Opportunity Way, Dock 1–5
Riverside, CA 92518
United States
Monday – Friday, 9:00 AM – 6:00 PM CST
