PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE SITES

What’s in these terms?

These terms tell you the rules for using both www.sleepcogni.com and www.mycogni.com (“Sites”).

Who we are and how to contact us

The Sites are operated by Braintrain2020 Limited a company registered in England and Wales under number 08660886 whose registered office and trading address is at Kroto Innovation Centre North Campus University of Sheffield, 318 Broad Lane, Sheffield, South Yorkshire, England, S3 7H (“We”). Our VAT number is GB 204113473.

To contact us, please email info@sleepcogni.com.

By using the Sites you accept these terms

By using the Sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Sites. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the Sites:

• Our Privacy Policy (https://www.sleepcogni.com/privacy-policy/) which includes our cookie policy.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Sites, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to the Sites

We may update and change the Sites from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw the Sites

The Sites are made available free of charge.

We do not guarantee that the Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Transfers

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.

The Sites are only for users in the UNITED KINGDOM

The Sites are directed to people residing in the United Kingdom. We do not represent that content available on or through the Sites are appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@sleepcogni.com.

How you may use material on the Sites

We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use and you may draw the attention of others within your organisation to content posted on the Sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on the Sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of the Sites in breach of these terms of use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Sites or any services provided via, or in relation to, the Sites. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Sites or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

This Sites, its content and any services provided in relation to the same is only targeted to, and intended for use by, individuals located in the United Kingdom  (each, a Permitted Territory). By continuing to access, view or make use of the Sites and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Website and any related content and services.

Do not rely on information on this Sites

The content on the Sites are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites.

Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites are accurate, complete or up to date.

We are not responsible for websites we link to

Where the Sites contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Sites, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Sites do not represent our views or values.

How to complain about or report content

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on https://www.sleepcogni.com/contact/.

If you wish to complain about any other content, please contact us on https://www.sleepcogni.com/contact/.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://www.sleepcogni.com/trial-agreement.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Sites or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Sites; or
• use of or reliance on any content displayed on the Sites.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, 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.

How we may use your personal information

We will only use your personal information as set out in our https://www.sleepcogni.com/privacy-policy/.

Uploading content to the Sites

Whenever you make use of a feature that allows you to upload content to the Sites, or to make contact with other users of the Sites, you must comply with the content standards set out in our Acceptable Use Policy*.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Sites a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload*.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights or of their right to privacy.

If you wish to contact us in relation to content you have uploaded to the Sites and that we have taken down, please contact https://www.sleepcogni.com/contact/.

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

Rights you are giving us to use material you upload

When you upload or post content to the Sites, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable perpetual licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Sites and across different media including to promote the Sites or the service;
• a worldwide, non-exclusive, royalty-free, transferable perpetual licence for other users, partners or advertisers to use the content in accordance with the functionality of the Sites.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Sites. You should use your own virus protection software.

You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites will cease immediately.

Rules about linking to the Sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Sites in any website that is not owned by you.

The Sites must not be framed on any other Sites, nor may you create a link to any part of the Sites other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our acceptable use provisions below

If you wish to link to or make any use of content on the Sites other than that set out above, please contact info@sleepcogni.com.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

SleepCogni name and SleepCogni logo are UK and US registered trade marks of Braintrain2020 Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these terms and conditions.

Prohibited uses and ACCEPTABLE USE

You may not use the Sites:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as described below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of the Sites in contravention of the provisions of our terms of Sites use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of the Sites;
• any equipment or network on which the Sites are stored;
• any software used in the provision of the Sites; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on the Sites, including, without limitation:

• Video-sharing facilities.
• Chat rooms.
• Bulletin boards.

(“interactive services”.)

We do not permit and the Sites will not accept video-sharing.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content standards

These content standards apply to any and all material which you contribute to the Sites (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us r any medical professional, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

Breach of the terms of ACCEPTABLE USE OF THE SITES

When we consider that a breach of our acceptable use requirements described above has occurred, we may take such action as we deem appropriate.

Failure to comply with these acceptable use requirements constitutes a material breach of the terms of use upon which you are permitted to use the Sites, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Sites.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Sites.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of our acceptable use requirements. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.