Effective: December 10, 2023.
Please read these Terms carefully, and contact us at [email protected] if you have any questions, requests for information, or complaints. By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST DREEM OR ITS SUBSIDIARIES AND AFFILIATES. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.
THE INFORMATION PROVIDED BY THE SERVICES IS PROVIDED «AS IS» WITHOUT WARRANTY OF ANY KIND AND DREEM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. Under no circumstances shall Dreem have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error or other circumstance or contingency within or outside the control of Dreem or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, editing, transcription, transmission, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory, or incidental damages whatsoever, or (c) lost profits with respect to any of the foregoing.
We will update these Terms from time to time to reflect changes in our business practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version of these Terms and indicate at the top of the Terms when they were most recently updated. Your use of the Terms will be governed by the then-current version of the Terms.
- Use of the Services
- Any use or access by anyone under the age of 18 is strictly prohibited.
- Additionally, you may use our Services only if you:
- can form a binding contract with Dreem under the laws of the country in which you reside;
- can form a binding contract with Dreem under the Terms;
- comply with these Terms, all applicable laws, and Dreem’s policies that are included in the Terms by reference; and
- are over the age at which you can provide consent to data processing under the laws of your country.
- Services provided in certain regions may have additional requirements and/or different age restrictions.
- Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
- When you create your Dreem account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
- Subject to these Terms, Dreem grants you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Dreem, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
- You are not authorized to:
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any part of the Services without prior written permission;
- record on video or audio tape, relay by videophone or other means the Services;
- use the Services in the provision of any other course, services or training whether given by you or any third party trainer, professor or educator;
- remove any copyright or other notice of Dreem on the Services or any of its parts and materials;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by the law of Delaware, even if otherwise permitted by the laws of your country of residence or country, from which you access the Services) any software forming part of the Services.
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, «Logos»), including but not limited to the design, structure, selection, coordination, expression, «look and feel» and arrangement of such Logos, available as part of the Services is owned, controlled or licensed by or to Dreem, and is protected by trademark, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- You may not use any «deep-link», «page-scrape», «robot», «spider» or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Logos, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Logos, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Dreem reserves the right to bar any such activity.
- Except as expressly provided in these Terms, no part of the Services and no Logos may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including «mirroring») to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Dreem’s express prior written consent.
- You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Dreem, including any Dreem account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Dreem’s systems or networks, or any systems or networks connected to the Services or to Dreem.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Dreem on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Breach by you of the Article 1 of the Terms shall allow us to immediately terminate these Terms with you and cease to provide you with any Services, including, but not limited to, access to the Services, without any compensation to you.
- Dreem reserves its right to use any and all means available to recover any and all damages and losses caused to us by your breach of the Article 1 of these Terms.
- Any use of our Services for commercial purposes is strictly prohibited. If you are an organization wishing to use our Services, please contact [email protected].
- The Services
- In issuing and maintaining its Services and other Dreem Information, Dreem relies on factual information it receives from contractors and other third parties, as well as from publicly available information and from other sources Dreem believes to be credible. Dreem conducts a reasonable research and investigation of the factual information relied upon by it obtains reasonable verification of that information from independent sources, to the extent such sources are available for a given security, data-point or in a given jurisdiction.
- The manner of Dreem’s factual investigation and the scope of the third-party verification it obtains will vary depending on the nature of the Services.
- You should understand that neither an enhanced factual investigation nor any third-party verification can ensure that all of the information Dreem relies on in connection with the Services will be accurate and complete at all times. Ultimately, the issuer and its advisers are responsible for the accuracy of the information they provide to Dreem and to the market in offering documents and other reports. Dreem does not offer legal advice and does not purport to do so. In providing Services Dreem must rely on third parties and constantly changing legislature. As a result, despite any verification of the current content of the Services, Services can be affected by future events or conditions that were not anticipated at the time Services were made available to you.
- EXCEPT AS OTHERWISE PROVIDED PURSUANT TO AN AGREEMENT BETWEEN YOU AND DREEM, THE SERVICES PROVIDED ARE PROVIDED «AS IS» WITHOUT WARRANTY OF ANY KIND AND DREEM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH SERVICES OR INFORMATION. SERVICES PROVIDED BY DREEM ARE INTENDED FOR GENERAL INFORMATION ONLY AND MUST NOT BE CONSTRUED AS AN ADVICE (INCLUDING UNDER RELEVANT LEGISLATION APPLICABLE TO THE USER). DREEM HEREBY DISCLAIMS ALL DUTIES OR WARRANTIES PERTAINING TO FITNESS FOR A PARTICULAR PURPOSE AND ITS SERVICES ARE NOT INTENDED TO BE RELIED UPON BY USERS IN RELATION TO ANY LEGAL ACTIONS WHATSOEVER. APPROPRIATE INDEPENDENT LEGAL ADVICE SHOULD BE SOUGHT BEFORE TAKING ANY SUCH ACTION OR DECISION.
- ANY PERSON OR ENTITY WHO USES THE SERVICES DOES SO ENTIRELY AT HIS, HER OR ITS OWN RISK. SHOULD ANY SUCH PERSON BE ENTITLED TO RECOVER DAMAGES FROM DREEM UNDER ANY LEGAL THEORY, SUCH PERSON AGREES, TO THE EXTENT PERMITTED BY LAW, THAT THE TOTAL LIABILITY OF DREEM IN CONNECTION WITH SUCH THE SERVICES IS LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED THREE TIMES THE NET FEES RECEIVED BY DREEM WITH RESPECT TO SUCH SERVICES.
- Dreem offers informational Content (“Content”) for you. While we seek to provide world-class Content, unexpected events do occur. Dreem reserves the right to cancel, interrupt, reschedule, or modify any Content, or change the amount of credits available for you.
- Dreem does not grant academic credit or any degree or certificate for the completion of Content.
- Nothing in these Terms or otherwise with respect to your use of the Content:
- enrolls or registers you in any institution for the purpose of getting an academic credit, certificate or degree; or
- entitles you to use the resources of Dreem beyond participation in the Content.
- Your Content
- The Services enable you to share your content, such as notes, the text of the questions and the like (“User Content”), with Dreem and its employees, its contractors and other third parties. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the Dreem platform by or on behalf of Dreem and its employees, its contractors and other third parties. As between Dreem and its employees, its contractors and other third parties, such content is governed by the relevant agreements in place between Dreem and such persons.
- To the extent that you provide User Content, you grant Dreem a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Dreem the right to authorize third parties to use User Content. Nothing in these Terms shall restrict other legal rights Dreem may have to User Content, for example under other licenses.
- We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies.
- We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Dreem does not waive any rights to use similar or related Feedback previously known to Dreem, developed by our employees, contractors, or obtained from other sources.
- We care about the security of our users. While we work to protect the security of your account and related information, Dreem cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].
- Third Party Content
- Through the Services, you will have the ability to access and/or use content provided by third parties, such as independent lawyers and marketing specialists, and/or other third parties and links to websites and services maintained by third parties. Dreem cannot guarantee that such third party content, in the Services or elsewhere, will be trustworthy, free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Dreem disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
- Paid Services from Dreem
- Dreem offers a variety of Services and Content. Dreem reserves the right to vary or withdraw any of the Services and Content or its integral parts described on the Website without notice.
- To access the Services and Content the User must have Internet access and a Services and Content ready device. Dreem holds no obligations to cater the Website’s code or other integral parts to the User specific devices. The User must create an account to access the Course.
- Dreem offers two (2) options for using the Content:
- By creating an account and using the free-of charge trial version of the Content, which is available for a period of two (2) calendar weeks from the date of registration (“Free Trial”);
- By creating an account and purchasing unlimited access to the Content on a monthly subscription basis at a price of one hundred and ninety nine dollars ($199) per month (“Subscription”).
- After creating an account and choosing Free Trial, it will be available for you for a period of two (2) calendar weeks after which your account will be automatically terminated. Upon termination of your account all access to all Content will cease immediately. After the termination of your account all course progress, notes, questions and answers generated the User’s input and User Content will be erased automatically and will not be reinstated even upon purchasing the Subscription later on. If you wish to continue to have access to the Content and your account, you must agree to and purchase the Subscription before the Free Trial ends.
- The Free Trial, made available for you for a period of two (2) calendar weeks is a promotional limited time offer and may be terminated or canceled by Dreem immediately without further notice from Dreem. The duration of the Free Trial promotional offer is offered and provided at the sole discretion of Dreem. Dreem cannot be held liable for terminating the promotional offer of the Free Trial at any time and on any basis.
- Free Trial may include Tokens as a promotional offer, which may be terminated or canceled by Dreem immediately without further notice from Dreem. The duration of the Tokens included in the Free Trial promotional offer is offered and provided at the sole discretion of Dreem. Dreem cannot be held liable for terminating the promotional offer of the Free Trial at any time and on any basis.
- The Free Trial is offered to new Users only. A User cannot create multiple accounts using different forms of identification (such as multiple email addresses) to gain unauthorized access to the Free Trial more than once. Upon discovering such actions, Dreem has full right to use all available legal protections against such use of its Free Trial.
- You can cancel your Free Trial at any time, and you will continue to have access to the Free Trial through the end of the Free Trial period. To cancel, go to the “Account” page on our https://hub.idreem.com website and follow the instructions for cancellation. If you cancel your Free Trial, your account will automatically close at the end of the Free Trial period. To see when your account will close, click “My Purchases” on the “Account” page.
- By purchasing the Subscription upon creating an account, you will not be provided an extra two (2) calendar weeks’ access to the Course, your account will be charged on a monthly basis according to the terms and conditions stated below.
- Your Subscription will continue and automatically renew until terminated. To use the Subscription you must provide us with one or more Payment Methods. Payment Method means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the Subscription fee for the next billing cycle to your “Payment Method” (see “Cancellation” below).
- The billing will occur via a third party provider. We use Stripe as the main method for processing all payments on your behalf. Stripe is a third party to Dreem, it is not its affiliate or partner. All processing of the payments will be done in accordance with Stripe’s policies and conditions that can be accessed via https://stripe.com/. In order for Stripe to process the payment, it will ask you to provide the information, including your bank card information. Dreem does not hold, save or retain your bank card information separately.
- Stripe may send that data to the acquirer, which is a bank that will process the transaction on Stripe’s behalf. After that the payment passes through a credit card network, such as Visa or Mastercard, to your issuing bank, the issuing bank approves or denies the transaction and that signal travels from the issuing bank through the card network to the acquirer, then through the gateway to you — who sees a message telling them the payment has been accepted or declined.
- Dreem does not guarantee, warrant, ensure or holds out in any way any responsibility for Stripe’s processing of any of your data, information, for Stripe’s functioning in your country of residence or for inability to process or accept your payment information, or for processing and storing your personal data. Dreem is not responsible for any issue that may arise with your payment until the moment your payment is processed and cleared to Dreem’s bank account.
- The Subscription fee for the Service and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged to your Payment Method. in the “My Purchases” section of your Account you can check the amount of days until the next payment. The length of your billing cycle is one month. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
- To use the Subscription you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, your account, User Content, any accumulated Tokens or other input, bonuses and information will be immediately terminated. After the termination of your account all course progress, notes, questions and answers generated the User’s input and User Content will be erased automatically and will not be reinstated even upon purchasing the Subscription later on.
- Subscription fee includes a number of Tokens, which are granted to you automatically with the Subscription and which may be terminated or canceled by Dreem immediately without further notice from Dreem. The Tokens remain effective only for the duration of the Subscription and are for the use on the Services only. You can read more about the Tokens in our Tokens Policy.
- You can cancel your Subscription at any time, and you will continue to have access to the Subscription through the end of the Free Trial period. To cancel, please contact support team at [email protected]. If you cancel your Subscription, your account will automatically close at the end of the billing period.
- You can update your Payment Methods by contacting support team at [email protected]. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
- You can cancel your Subscription at any time, and you will continue to have access to the Services through the end of your billing period. To cancel, please contact support team at [email protected]. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “My Purchases on the “Account” page.
- We may change our Subscription fees from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the Subscription fee change, you can cancel your Subscription before the change takes effect.
- Payments are nonrefundable and there are no refunds or credits for partially used Subscription periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members as Tokens. The amount and limitations on such Tokens, and the decision to provide them, are at our sole and absolute discretion. The provision of Tokens in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Tokens in the future, under any circumstance.
- European Users Right of Withdrawal
- European Union residents may have a right of withdrawal under the relevant laws in your country including any applicable European Union laws.
- You may have a right of withdrawal for a period of 14 days. You may withdraw your contract with Dreem for the Services, without giving any reason, and without incurring any costs other than those provided for in this clause.
- The withdrawal period will expire after 14 days from the day that your contract was concluded. However, you do not have a right of withdrawal a) if the Services have already been fully performed with your prior express consent and with your acknowledgement that you will lose your right of withdrawal once the Services have been performed by us, or b) if the Services have begun with your prior express consent and your acknowledgement that you will lose your right of withdrawal upon beginning use of the Services.
- To exercise the right of withdrawal, you should inform us of your decision to withdraw by an unequivocal statement and by sending it to [email protected].
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN «AS IS» BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DREEM AND ITS THIRD PARTIES AND AFILIATES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE DREEM PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
- Limitation of Liability.
- Neither Dreem nor its licensors nor its or their personnel shall be liable to you for any claims, liabilities or expenses relating to the Services, Content or the access to or use of any Services for an aggregate amount in excess of the greater of (i) of any fees paid by you to access or use the Services during the twelve (12) month period prior to your reliance on Dreem Services or any Services that is claimed to have caused damage to you, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Dreem or (ii) U.S. $100.
- In no event shall Dreem, or its employees or contractors be liable: (a) for consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense, whether caused by contractual breach, negligence or otherwise; or (b) for any delay or failure to perform any obligation under these Terms due to any cause beyond Dreem’s reasonable control.
- The provisions of this Article 8 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligent misrepresentation), or otherwise, save that nothing in these Terms shall limit or exclude Dreem’s liability for negligence causing death or personal injury, or Dreem’s liability for fraud or deceit. In circumstances where all or any portion of the provisions of this Article are finally judicially determined to be unavailable, Dreem’s or its licensor’s aggregate liability for any claims, liabilities or expenses relating to Services shall not exceed an amount which is proportional to the relative fault that Dreem or its licensor’s conduct bears to all other conduct giving rise to such claim, liability or expense. This contractual limitation of liability shall be in addition to all limitations to which Dreem or its licensor is entitled under the common law, or statute or the United States Constitution as a publisher of financial information.
10. Entire Agreement; Amendment; Waiver.
- These Terms set forth the entire agreement between the parties with respect to the subject matter hereof. Except as expressly provided herein, no amendment of or modification to these Terms shall be effective unless in writing and signed by a duly authorized representative of each of the parties hereto. The waiver or failure of Dreem to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provisions of these Terms shall be held to be invalid, illegal or unenforceable, such provisions shall be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms shall not be affected thereby.
11. Joint Venture.
- Nothing in these Terms shall be construed as constituting a partnership between or joint venture by the parties and neither shall be, or hold itself out to be, the agent of the other.
- For the purpose of these Terms, “Affiliate” means any entity which, directly or indirectly, Control, is Controlled by, or is under common Control with another entity. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through record or beneficial ownership of voting securities, by contract, or otherwise.
12. Export Controls
- You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing Dreem from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
- You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws.
- Notwithstanding anything to the contrary in these Terms, Dreem may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.
13. Notice for California Users
- Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
14. Referenced Policies: