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Terms of Use

These are the Terms and Conditions of the Terms of Use Agreement (this “Agreement”) governing the use of this Service and the agreement that operates between You (“you” or “your”) and Spika Digital Pvt Ltd, its affiliates, and each of their respective successors and assigns (collectively, “Spika Digital”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the information and service, if any, provided by Spika Digital or otherwise accessible via any web site, IP address or any social media accounts or other online products and services offered or designated by Spika Digital (the “Site”), and any materials, content or other Services provided by Spika Digital through the Site (the “Materials”)

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Services as used in these Terms of Use, the Medical Disclaimer and the Privacy Policy shall refer to the offerings provided by SleepGuides, which encompass, but are not limited to, the provision of informative articles and content pertaining to sleep, comprehensive product reviews, and promotional materials for third-party websites that align with sleep-related topics. SleepGuides reserves the right to modify, update, or discontinue any aspect of the Services, as it deems necessary, without prior notice.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Spika Digital. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1. License Grant

Subject to the terms and conditions of this Agreement, Spika Digital hereby grants you a limited, non-exclusive, non-transferable license to access and use the Site subject to the terms and conditions set forth in this Agreement. Your use of the Site is strictly for personal, non-commercial purposes only. The license granted herein is expressly conditioned upon your continued compliance with the terms and conditions of this Agreement. You are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any Content on the Site, except for the automatic caching of files by your web browser for display enhancement purposes. You may not modify, translate, frame or mirror any copies of the Materials/Content from this Site or use any Content on the Site separately from the accompanying text. Moreover, you are prohibited from deleting or altering any copyright, trademark, or other proprietary rights notices from copies of the Materials from this Site. If you wish to make any use of the Content or Materials other than that set forth in this clause, please contact us at the contact information provided below.

2. Restrictions on License Grant

The use of the Site is restricted to the extent of the license granted in this Agreement. You acknowledge that the Site is a valuable asset of Spika Digital. Unless otherwise authorized under this Agreement or in writing between the parties,

  1. You shall not sublicense, sell, rent, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to the Site or Materials, nor use the Site to run or as part of a service bureau, outsourced, or managed services arrangement.
  2. You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Site or Materials in any manner.
  3. You shall not modify, translate, alter, adapt, decompile, disassemble, reproduce, distribute, display, or create derivative works, compilations, or collective works based on the Site or Materials.
  4. You shall not knowingly or negligently allow others to use or copy the Site, or create links to the Site or mirror the Site on any other server or device.
  5. You shall not access the Site for any purpose, including to build a competitive product or service, copy the Site’s ideas, features, functions or graphics, or monitor its availability, performance or functionality, or for any other competitive or benchmarking purposes.
  6. You shall not attempt to probe, scan or test the vulnerability of any system, account, or network of Spika Digital or its customers or suppliers.
  7. You shall not interfere or attempt to interfere with service to any user, host or network, including mail-bombing, flooding, and attempting to overload the system, or distribute programs that make unauthorized changes to the software operating the Site.
  8. You shall not restrict, inhibit, or otherwise interfere with anyone’s ability to use or enjoy the Site, including posting or transmitting harmful software, generating traffic sufficient to impede others’ ability to use, send, or retrieve information.
  9. You shall not create or use any computer routines or sub-routines to automatically access or manipulate the Site. If actual damages cannot be calculated, you agree to pay Spika Digital’s actual damages; to the extent such damages can be reasonably calculated, in addition to any other damages to which Spika Digital may be entitled. The courts of law will determine the final amount of damages.

3. Privacy

Information collected by Spika Digital is subject to the Privacy Policy available on the website. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Intellectual Property Ownership

This Agreement governs the ownership of the Site, the Content, and the Materials. Spika Digital and its licensors exclusively own all rights, titles, and interests in these items, including any custom developments created in connection with or related to this Agreement. This includes all copyrights, patents, trade secrets, trade dress, and other proprietary rights, as well as any derivative works thereof. You acknowledge that information on the Site may be confidential and constitute valuable trade secrets of Spika Digital or its licensors. You have no rights in any of the foregoing.

Nothing in this Agreement grants you an ownership interest in the Site, the Content, or the Materials, in whole or in part. You are prohibited from modifying, removing, deleting, augmenting, adding to, publishing, transmitting, adapting, translating, participating in the transfer or sale of, creating derivative works from, or in any way exploiting any of the Content, in whole or in part, except as specifically permitted herein. Any unauthorized use, reproduction, modification, distribution, transmission, adaptation, translation, republication, display, or performance of the Content is strictly prohibited.

You acknowledge that any unauthorized disclosure, use, or copying of the proprietary products and services provided under this Agreement may cause Spika Digital and its licensors irreparable harm that cannot be remedied at law. As such, you agree that Spika Digital and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

It is further acknowledged that the articles and other materials displayed on the Site are the copyrighted and/or trademarked property of Spika Digital or its content providers. You acknowledge and agree that the articles and materials are made available to you for your personal, non-commercial use only, and that you do not acquire any ownership rights in such materials. You agree to abide by all copyright and trademark notices, information, and restrictions contained in any content accessed through the Site. Except as expressly permitted in this Agreement or as otherwise permitted by applicable law, you agree not to reproduce, modify, publish, transmit, distribute, display, perform, or create derivative works from, or sell or license any materials or content accessed from the Site. Any unauthorized use or copying of the materials or content accessed from the Site may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or international treaties. Spika Digital reserves all rights not expressly granted in and to the Site and its content.

5. Trademarks

All intellectual property rights, including but not limited to trademarks, service marks, trade names, logos, copyrights, and patents, associated with the names Spika Digital, SLEEP GUIDES, and other common law or registered trademarks used on this Site by Spika Digital, along with their associated logos, related names, design marks, product names and feature names, shall belong solely and exclusively to Spika Digital. You acknowledge that the foregoing are valuable assets of Spika Digital and that their unauthorized use may cause irreparable harm to Spika Digital. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property of Spika Digital without the express written permission of Spika Digital. Any unauthorized use of Spika Digital’s intellectual property rights is strictly prohibited and may subject you to civil and criminal penalties.

6. Term and Termination

The term of this Agreement commences the first time you access the Site and continues through any subsequent use of the Site thereafter.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Spika Digital, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Spika Digital PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER Spika Digital NOR ANY OF Spika Digital’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:

AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON;

THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;

AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR

THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF Spika Digital ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

NEITHER Spika Digital NOR ANY OF Spika Digital’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED FOR THE PRODUCTS DISPLAYED ON Spika Digital WEBSITE ARE OFFERED BY A THIRD PARTY AND ARE SOLELY INTENDED FOR DISPLAY PURPOSES. Spika Digital IS NOT RESPONSIBLE FOR THE SALE, DISTRIBUTION, OR DELIVERY OF ANY SUCH PRODUCTS. ANY PURCHASES MADE BY YOU THROUGH THE THIRD-PARTY WEBSITE SELLING THE PRODUCTS ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BY THE THIRD PARTY. Spika Digital SHALL NOT BE HELD LIABLE FOR ANY DISPUTES, DAMAGES, OR LOSSES ARISING FROM YOUR INTERACTIONS OR TRANSACTIONS WITH THE THIRD PARTY REGARDING THE PRODUCTS.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF SPIKA DIGITAL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT SPIKA DIGITAL AND Spika Digital PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT.

8. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SPIKA DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOST TIME, OR GOODWILL, EVEN IF SPIKA DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SPIKA DIGITAL SHALL NOT BE HELD LIABLE FOR ANY CLAIMS MADE AGAINST YOU BY THIRD PARTIES. THE MAXIMUM CUMULATIVE LIABILITY OF SPIKA DIGITAL IN CONNECTION WITH THIS AGREEMENT AND/OR THE SITE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO SPIKA DIGITAL UNDER THIS AGREEMENT. NO ACTION ARISING FROM OR RELATING TO THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

9. Release

In consideration of the information and materials provided by Spika Digital through the Site, you knowingly and voluntarily agree to indemnify, release, acquit, waive, forever discharge, and covenant not to sue Spika Digital and Spika Digital Parties from any and all liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to any claims, demands, or causes of action of any kind and character, which may arise as a result of your use of the information and materials provided by Spika Digital through the Site. You acknowledge that the aforementioned indemnification, release, acquittal, waiver, and discharge will apply to any and all claims, demands, or causes of action, whether known or unknown, that you may have against Spika Digital and Spika Digital Parties.

10. Modification to Terms

Spika Digital may revise and update this Agreement from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

11. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the courts located in Pune, India.

12. Contacting Us

Incase of any questions related to this policy or any other information that you require, you may contact us at [email protected] or fill the “contact us” form here.