These terms of use (the “Terms and Conditions of Use”) are the terms and conditions which apply to your use of the SleepCogni device (“Device“), the MyCogni web application accessible at www.mycogni.com (“Platform“), and the SleepCogni website (in addition to the Site Conditions) at https://sleepcogni.com (“Site”). The Device, the Platform and the Site are collectively referred to as “Services“. The Device is owned by Braintrain2020 Limited and is rented to you for the duration of your treatment period as described in these Terms and Conditions of Use. The Site is owned and operated by Braintrain2020 Limited, a company registered in England and Wales under number 08660886 whose registered office is at Kroto Innovation Centre North Campus University of Sheffield, 318 Broad Lane, Sheffield, South Yorkshire, England, S3 7HQ (“SleepCogni”).
In these Terms and Conditions of Use, we are referred to as SleepCogni or “us” or “we” and you are referred to as “you” or “Customer.” SleepCogni and Customer are each a “Party” and together the “Parties.”
By accessing and using the Services you agree to be bound by all the website terms available at https://sleepcogni.com/terms-conditions/ (“Site Conditions”), these Terms and Conditions of Use, the Privacy Policy (available at https://sleepcogni.com/privacy-policy/) (“Privacy Policy”) and the Cookie Policy (available at https://sleepcogni.com/cookie-policy/) (“Cookie Policy“), each of which is incorporated by reference. If you do not agree to these terms and conditions, you may not use the Services, Platform, Site or the Device.
Please note:
The User Manual describes how to use the Device and contains important safety information which should be read before using the Device and the Services.
The Device is not a medical device and the Platform is a data capture, display and record-keeping tool only. You agree that the Device and associated Services do not involve the provision of medical treatment or advice by SleepCogni. The Device and the associated Services are not intended to prevent any disease or medical condition or to diagnose, treat, or cure any medical condition. The data you receive through the Services are for informational purposes only and are not intended to replace the services of medical professionals. Any clinical interpretation of data displayed on the Platform and any clinical decisions arising therefrom are the sole responsibility of your clinician or therapist and not of SleepCogni.
Rental of the Device and Use of the Platform
You represent and warrant that you are at least 18 years of age and have the legal authority to accept these Terms and Conditions of Use on your behalf or on behalf of any party you represent. You are responsible for your activities and interaction with the Services.
SleepCogni rents the Device to you for the rental period specified by your clinician or therapist, which shall not exceed three (3) months unless otherwise agreed in writing by SleepCogni (“Rental Period“). The Device remains the property of SleepCogni at all times and no ownership rights in the Device shall pass to you. You shall return the Device to your clinician or therapist (or to such other location as SleepCogni may direct) promptly upon expiry of the Rental Period or upon earlier termination of these Terms and Conditions of Use, in no worse condition than that in which it was supplied to you (fair wear and tear excepted).
While you have the Device in your possession you must take good care of the Device. You are responsible if the Device is damaged or lost whilst in your possession or if it is not returned. You must not: (i) allow anyone other than yourself to use the Device; (ii) make any alteration to the Device or remove any existing component from the Device; (iii) repair or attempt to repair the Device; (iv) attempt to sell, transfer, or otherwise dispose of or deal with the Device in any manner inconsistent with SleepCogni’s ownership of the Device; or (v) use the Device for any commercial, business or resale purpose without SleepCogni’s express written approval.
You accept liability if the Device is damaged, stolen or lost whilst rented to you, and you agree to reimburse SleepCogni for: (a) all costs suffered in undertaking recovery and/or any repair to the Device or any parts that need replacing; and (b) the full replacement value of the Device if it is lost, stolen or damaged beyond repair.
MyCogni Platform
The Platform enables you to create a user account, complete digital sleep diaries and questionnaires, and upload data captured by the Device.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You may choose to share your data captured on the Platform with your clinician or therapist. You retain control over your data at all times and may withdraw your clinician’s or therapist’s access to your data at any time through the Platform. If you grant access, your clinician or therapist will be able to view your data for the purposes of clinical interpretation and record-keeping. SleepCogni is not responsible for any use made of your data by your clinician or therapist once access has been granted. Further details regarding the processing of your personal data are set out in the Privacy Policy.
Access and Use
You shall not use the Services for any purposes beyond the scope of the access granted in these Terms and Conditions of Use and the Site Conditions. You shall not at any time, directly or indirectly, and shall not permit any third-party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the Services in whole or in part; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to web scraping), or that otherwise violates any law, regulation, or other legal requirement.
You accept that the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SleepCogni may undertake from time to time without notice to you; or (iii) causes which are beyond the control of SleepCogni or which are not reasonably foreseeable.
You also accept that the Device and the Platform each require an internet connection which you will need to ensure is available. The Platform is accessed via a web browser and you are responsible for ensuring you have a compatible device and browser to access it.
SleepCogni shall be entitled to:
Your Responsibilities
You acknowledge that you:
You acknowledge that SleepCogni:
Intellectual Property Rights
Except for the limited license to access the Site set out in the Site Conditions you acknowledge that nothing contained in these Terms and Conditions of Use shall be construed as granting or conferring any right, title, or interest to any intellectual property in connection with the Device or the Services, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications in any territory; (iii) trademarks, trademark registrations, service marks, logos, or applications in any territory; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
Disclaimer
The Device and Services are provided to you without warranty of any kind other than as are required by applicable law, and SleepCogni and its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, and licensors (“SleepCogni Persons”) hereby disclaim, to the fullest extent permitted by law, all other warranties and conditions with respect to the Services whether express or implied and expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement.
SleepCogni does not guarantee the availability of the functions contained in the Platform, Device and the Services or that they will meet your requirements, that the Services will be free of viruses or other harmful components, that the operation of the Services will be uninterrupted or error-free, that defects in the Services will be corrected, or that the functions contained in the Services will function with other mobile apps or hardware.
You acknowledge that the Platform is currently provided as a beta version and may contain errors, bugs or other issues that could affect its performance. SleepCogni does not warrant that the beta version of the Platform will operate without interruption or error. SleepCogni reserves the right to modify, suspend or discontinue the beta version of the Platform at any time without liability to you.
Limitation of Liability
Our responsibility for loss or damage suffered by you when using the Services is described in the Site Conditions.
When using the Device the following provisions apply:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms and Conditions of Use, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If Device that we have supplied damages your property, 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 as to use set out in the User Manual.
We are not liable for business losses. The Device is for domestic and private use. If you use the Device 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.
Check that the Device is suitable for you. The Device has not been developed to meet your individual requirements. Please check that the facilities and functions of the Device meet your requirements.
We are not responsible for events outside our control. If the Device is affected by an event outside our control then we will not be liable for damage caused by the event.
Termination
Termination rights applicable to the Services are set out in the Site Conditions.
Entire Agreement
These Terms and Conditions of Use, the Site Conditions, the Privacy Policy and the Cookie Policy constitute the complete and exclusive statement of the agreement between you and SleepCogni regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between you and SleepCogni.
Transfer
We may transfer our rights and obligations under these Terms and Conditions of Use 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 the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms and Conditions of Use to another person if we agree in writing.
No rights for third parties
These Terms and Conditions of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions of Use.
If a court finds part of these Terms and Conditions of Use illegal, the rest will continue in force
Each of the paragraphs of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms and Conditions of Use, we can still enforce them later
Even if we delay in enforcing these Terms and Conditions of Use, we can still enforce them 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 breaking these terms and conditions, 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.
Which laws apply to these Terms and Conditions of Use and where you may bring legal proceedings
These Terms and Conditions of Use are governed by English law and you can bring legal proceedings in respect of the Device in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Device in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Device in either the Northern Irish or the English courts.
