Terms of service

Terms of Service

Agreement to Terms
These Terms of Service ("Terms") are a legal agreement between you and LotsaSleep LLC, a Maryland limited liability company ("LotsaSleep," "we," "us," or "our"), governing your access to and use of lotsasleep.com (the "Site"), and your purchase and use of our at-home sleep testing kits and related services (the "Services"). By accessing the Site, creating an account, or purchasing a test kit, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

Eligibility
Our Services are intended for adults 18 years of age or older who are residents of the United States. By using the Site or purchasing a kit, you represent that you meet this requirement. Our testing device is not validated for use in pregnant individuals, children, or individuals with certain pre-existing cardiac arrhythmias or other conditions identified in the device's instructions for use, as further described in our Medical Disclaimer.

Description of Services
LotsaSleep provides access to an FDA-cleared at-home sleep testing device and delivers the resulting data report to you. This is a data and logistics service: we facilitate delivery of the test kit, processing of your results through the device manufacturer's platform, and delivery of your report. We are not a medical provider, and use of the Services does not create a provider-patient relationship. Full detail on the nature, accuracy, and limitations of this service is set out in our Medical Disclaimer, which is incorporated into these Terms by reference. You should review it before purchasing.

Accounts
You may need to create an account to purchase a kit or access your results. You agree to provide accurate, current information, to keep your login credentials confidential, and to notify us promptly at info@lotsasleep.com of any unauthorized use of your account. You are responsible for all activity under your account.

Orders, Pricing, and Payment
All prices are listed in U.S. dollars and are subject to change without notice until an order is placed. Payment is due in full at the time of purchase. LotsaSleep is a self-pay, direct-to-consumer service; we do not bill insurance directly. We may provide an itemized receipt that may be eligible for HSA/FSA or insurance reimbursement submission at your own discretion, subject to your plan administrator's determination. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud or error in pricing or product information.

Shipping
We will make reasonable efforts to ship orders within the timeframe stated at checkout. Shipping timeframes are estimates and not guaranteed. Risk of loss and title for kits pass to you upon delivery to the shipping carrier.

Returns and Refunds
All sales are final. Due to the single-use, sealed nature of our test kits, we do not accept returns or exchanges. Full detail on damages, cancellations, and limited exceptions (including the EU 14-day cooling-off period, where applicable) is set out in our Return & Refund Policy, which is incorporated into these Terms by reference.

Your Responsibilities When Using the Device
You are solely responsible for following the device's instructions for use exactly as provided, including correct sensor placement, setup, and overnight wear. LotsaSleep is not responsible for incomplete, inaccurate, or unusable results caused by user error. If your test does not produce usable data due to user error, you may be required to purchase an additional test at your own cost, as described in our Medical Disclaimer.

Medical Disclaimer
Our Services provide health information and are not a substitute for professional medical advice, diagnosis, or treatment, and are not intended for emergency use. The full Medical Disclaimer governing accuracy, limitations, occupational/DOT use, and appropriate use of your results is incorporated into these Terms by reference and available at https://lotsasleep.com/pages/medical-dsiclaimer. By using the Services, you acknowledge that you have read and agree to it.

Intellectual Property
The Site and all content on it, including text, graphics, logos, and software, are owned by LotsaSleep or our licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our prior written consent. Your report and underlying test data belong to you; the software, platform, and device technology used to generate them remain the property of the applicable third-party manufacturer.

Third-Party Device Manufacturer
The testing device is manufactured by a third party and is FDA-cleared as a home sleep apnea testing device. LotsaSleep is an independent service and is not affiliated with, endorsed by, or sponsored by the device manufacturer. Your test data is processed through the manufacturer's cloud-based platform, and de-identified data may be retained and used by the manufacturer under its own separate data policies.

Privacy and HIPAA
We handle your personal health information in accordance with HIPAA and our Privacy Policy, available at https://lotsasleep.com/policies/privacy-policy. By using the Services, you consent to the collection, use, and disclosure of your information as described there.

Prohibited Conduct
You agree not to: use the Site or Services for any unlawful purpose; interfere with or disrupt the Site's operation or security; attempt to access accounts or data that are not yours; misrepresent your identity or eligibility; or resell or redistribute kits, reports, or access to the Services without our written consent.

Geographic Availability
The Services are offered to residents of the United States. We do not represent that the Services are appropriate or available for use in all jurisdictions. By purchasing, you confirm you are accessing the Services from a location where their use is permitted.

Disclaimer of Warranties
The Site and Services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any test will produce usable or complete data.

Limitation of Liability
To the fullest extent permitted by law, LotsaSleep, its founder, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or Services, including decisions made based on your results report. To the extent liability cannot be excluded, our total liability for any claim arising out of these Terms or the Services is limited to the amount you paid for the applicable order.

Indemnification
You agree to indemnify and hold harmless LotsaSleep, its founder, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, misuse of the device, or violation of any law or third-party right.

Dispute Resolution and Arbitration
You and LotsaSleep agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court. You and LotsaSleep each waive the right to a jury trial and to participate in a class action, class arbitration, or representative action. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and will take place in Maryland, or another mutually agreed location.

Governing Law
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles.

Changes to These Terms
We may update these Terms at any time. Changes are effective upon posting to the Site. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.

Termination
We may suspend or terminate your access to the Site or Services at any time, with or without cause, including for violation of these Terms.

Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement
These Terms, together with our Medical Disclaimer, Return & Refund Policy, and Privacy Policy, constitute the entire agreement between you and LotsaSleep regarding the Site and Services.

Contact
Questions about these Terms can be directed to info@lotsasleep.com.