If you do not agree to the Terms, you should not download the Application or access the Service. If you have already downloaded the Application, but do not wish to agree to these Terms, you should uninstall the Application immediately and refrain from accessing the Service.
How the Service Should Be Used
The Service is intended to be used to measure and analyse breathing and snore sounds in individuals with disordered sleep breathing patterns. The Service is designed for use at-home by individuals aged 18 and over. The Service is intended to screen and categorise people who present with signs and symptoms of suspected Obstructive Sleep Apnoea (“OSA”) to then undergo a comprehensive sleep study, either in-lab or at-home.
How the Service Should Not Be Used
The Service is not intended to provide a diagnosis and is not designed or intended for use in the diagnosis of OSA or other sleep related disorders, or in the cure, mitigation, treatment, or prevention of any condition or disease. It is not intended as a substitute for a sleep study or polysomnography, or for seeking professional medical advice.
Apple and Google Terms and Conditions
These Terms supplement and incorporate (a) where the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Apple Licensed Application End User License Agreement (“Apple Terms”) and (b) where the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”). If any of the provisions of the Apple Terms or Google Terms conflict with these Terms, these Terms will override solely to the extent such terms apply to the Application.
Subject to these Terms, ResApp grants you a personal, non-transferable, non-exclusive, limited and revocable license to use the Application for personal use only on an Apple iPhone or an Android device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms or Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, rent, resale, lease, sell, transfer, modify, decompile, disassemble, reverse engineer, or distribution of the Application or text, pictures, video, data or other content associated with the Application is prohibited.
You shall not use or display the Service from within the United States or elsewhere prohibited by law.
Ownership of the Application
You understand and agree that the Service remains ResApp’s property and that you obtain no rights, including rights of ownership, data rights, license rights, or otherwise, except for the User License above. ResApp retains all right, title, and interest in and to the Service and in all related copyrights, patents, trademarks and any other intellectual and industrial property and proprietary rights. ResApp’s property includes, but is not limited to, all software, processes, methodologies, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information in or made available to you in connection with the Service.
Indemnification and IP Claims
You agree to indemnify ResApp and its employees, contractors, officers, and directors from any and all claims, damages and costs that arise from your (i) use of the Service other than in accordance with these Terms, (ii) misuse of the Service or (iii) breach of these Terms or breach of any rights of a third party.
In the event of any third-party claim that the Service or your possession and use of the Application infringes that third party’s intellectual property right, ResApp, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You use the Service at your own risk. To the maximum extent permitted by applicable law, ResApp provides the Service “as is,” without any warranties of any kind. ResApp does not guarantee or promise any specific results from use of the Service. ResApp does not warrant uninterrupted or error-free operation of the Service or that ResApp will correct any or all defects. ResApp is not responsible for the results obtained from the use of the Service.
If you have downloaded the Application from the Apple App Store, in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price (if any) for the Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ResApp’s sole responsibility.
Limitation of Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, (ii) for any losses or damages caused by our, or our employees’, agents’ or subcontractors’, gross negligence or wilful misconduct, (iii) for fraud or fraudulent misrepresentation or (iv) product liability.
The Service is for domestic and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you use the Service other than in accordance with these Terms and the information provided within the Service, and this results in you or a third party suffering losses, we will not be liable for these losses, subject to local law.
If defective digital content that we have supplied directly damages a device or digital content belonging to you, we will either reasonably repair the damage or pay you reasonable compensation. However, subject to local law, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Third Party Beneficiary
Except for Apple’s rights under the Apple Terms and Google’s rights under the Google Terms, or as stated expressly in these Terms, no other third parties have any rights under this contract except for ResApp's affiliates.
Changes to these Terms
ResApp reserves the right to change or modify these Terms at any time and its sole discretion by posting revisions on the SleepCheck website. Continued use of the Ap Service plication following the posting of these changes or modification will constitute acceptance of such changes or modifications.
Changes to the Application
ResApp may make updates to the Service from time to time for any reason, including but not limited to, to improve performance, enhance functionality, reflect changes to the operating system or address issues. These updates may be installed automatically. Alternatively, we may ask you to update the Application. In such case, you, as the user of the Application, are responsible for installing any updates for the Application. If you choose not to install an update or opt out of automatic updates, you may not be able to continue to use the Application. ResApp reserves the right to discontinue the Service at any time (including by limiting or discontinuing certain features of the Application), temporarily or permanently by giving notice to you.
The User License to use the Application granted to you by ResApp is effective until terminated by ResApp. ResApp may terminate your use of the Application, with or without notice, if you fail to comply with these Terms. In addition, ResApp may suspend or terminate your access to the Service if we no longer provide any part of the Service. Upon the termination of these Terms for any reason, you must stop using the Service and uninstall the Application.
These Terms, the Privacy Notice and the information provided within the Service are the entire agreement between you and ResApp regarding the Service. No other terms or prior understandings, agreements, representations or warranties (written or oral) regarding the Service will apply.
Transfer of these Terms
We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
Enforceability of these Terms
If a court finds any part of these Terms unenforceable, the rest will continue in full force and effect. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Governing Law & Venue
These Terms are governed by English law and you can bring legal proceedings in respect of the Service in the courts England and Wales.
If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts.
If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.
If you live in Hong Kong, you can bring legal proceedings in respect of the Service in the English courts.
If you live in Australia, you may bring legal proceedings under Australian law in the Australian courts.
If you live in Singapore, you can bring legal proceedings under Singapore law in the Singapore courts.
To the extent applicable local law requires us to submit to legal proceedings in your jurisdiction, we will comply with applicable law.
Any questions, complaints or claims regarding the Service should be directed to:
ABN 51 094 468 318
Level 12/100 Creek St, Brisbane, 4000, Qld, Australia
email: [email protected]
This policy was last updated 16 May 2023.