Terms Of Service - Little Insomniac
Welcome to https://littleinsomniac.com. This website is owned and operated by Little Insomniac (“Little Insomniac,” “we,” “us” or “our”). By visiting our website (“the website,” “the site”), using the Little Insomniac application (“the software,” “the application,” “our software” or “our application”), and/or accessing the information, resources, services, and tools that we provide, you acknowledge, understand, and agree to accept and adhere to the following Terms of Service as stated in this policy. Our Policy applies to all visitors, users, and others who access the Service (“Users”).
All third party trade marks are the property of their respective owners.
Please read these Little Insomniac terms of service (“Terms of Service”, “Agreement”) carefully. These Terms of Service govern your access to and use of the Little Insomniac services available at our website or through our application, and any updates, upgrades, modified versions, extensions, improvements and derivative works of the foregoing (collectively, the “Service”).
Our Terms of Service is designed to provide transparency into our services and products, in a format that our users can easily navigate, read, and understand. We are dedicated to providing a fair and high quality service to you.
“Subscriber” or is used to describe a user of a Little Insomniac Product who pays a fee to obtain enhanced features of that Little Insomniac Product. More information about subscriptions can be found on our main site.
“Little Insomniac Product(s)” is used as shorthand for our services including all Little Insomniac websites used to distribute these services and products published by Little Insomniac. THE ONGOING SUPPLY OF ANY PARTICULAR Little Insomniac PRODUCT IS NOT GUARANTEED. SOME Little Insomniac PRODUCTS HAVE AGE RESTRICTIONS.
This agreement is in effect as of October 25, 2017.
We reserve the right to change the Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified Terms of Service.
We reserve the right to collect overdue payments from you. You agree to pay all reasonable costs and expenses (including legal fees) incurred by us in collecting any such overdue amounts.
Please check the Terms of Service whenever you use a Little Insomniac Product. If you are not a Subscriber, we will treat your continued use of a Little Insomniac Product as acceptance of these changes from their effective date (as shown above). If you are a Subscriber, we will treat the first renewal date of your subscription after the changes as your acceptance of the changes. If you do not agree with the changes you should cancel your subscription before the renewal date.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools that Little Insomniac provides, you agree to use these resources for the purposes intended as permitted by the Terms of Service and by applicable laws, regulations and generally accepted online practices or guidelines.
It is understood that:
- In accessing resources provided by Little Insomniac, you may be required to provide personal information (identification, contact details) as part of the registration process, or as part of your ability to use the resources. You maintain that any information provided will be accurate and up to date.
- You are responsible for maintaining the confidentiality of your login information associated with any account you use to access Little Insomniac’s resources. You are responsible for all activities that occur under your account.
- Accessing (or attempting to access) any of Little Insomniac’s resources by any other means than through the means provided is prohibited.
- You agree to not engage in activity that disrupts or interferes with Little Insomniac’s resources, including the servers and/or networks to which Little Insomniac’s resources are located or connected.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell Little Insomniac resources is strictly prohibited.
- You understand that content presented to you as part of Little Insomniac’s service, including but not limited to advertisements, within Little Insomniac may be protected by intellectual property rights owned by the sponsors or advertisers providing the content. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on content you are exposed to through advertisements, unless you have specifically authorized to do so by the owners of that content in a separate agreement.
- a. You understand that using Little Insomniac’s service exposes you to content that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Services at your own risk
- b. We provide open communication tools on our website through blog comments. You understand that we do not prescreen or monitor the content posted by users. If you choose to use this tool to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
- c. You agree that content you post will not be:
- i. Illegal, harmful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contain any type of suggestive, inappropriate, or explicit language.
- ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
- iii. Contain any type of unauthorized or unsolicited advertising
- iv. Impersonate any person or entity, including Little Insomniac employees or representatives
- v. If the Terms of Service are violated, you agree to indemnify and hold harmless Little Insomniac, its affiliates, its directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under the Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- It is strictly prohibited to use the Little Insomniac website or Little Insomniac application for anything that:
- a. Is Illegal, harmful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contain any type of suggestive, inappropriate, or explicit language.
- b. Infringes on any trademark, patent, trade secret, copyright, agreement, or other proprietary right of any party.
- c. Directly or indirectly affects the revenue, operations, or processes of another party.
- d. Creates an income or generates revenue for the user or another party.
You may not use Little Insomniac for commercial purposes or for purpose of resale or redistribution, whether or not you charge a fee, unless you have written permission from Little Insomniac.
In using the Little Insomniac application or the Little Insomniac website you understand that you may be required to view advertisements, view sponsored content, and/or interact, either manually or automatically, with online content including but not limited to other Little Insomniac users and/or their promoted content.
You agree to use Little Insomniac at your own risk and understand that anything that happens to your account(s) you may have with third party sites and services, including but not limited to the termination, suspension, or limiting of the account before, during or after your use of Little Insomniac is not the responsibility of Little Insomniac.
In compliance with the GDPR you agree and understand that we only collect data that we deem is necessary to offer our services and that you have full right to deletion of the data if requested. You agree that any information you provide is freely given and that you are informed of your choice about providing this data. You agree to provide an unambiguous indication signifying the agreement to the collection and processing of personal data related to you.
By using Little Insomniac you agree to opt in to the tracking of usage data both in the website and in the application for the safety and betterment of our company.
You agree that after Little Insomniac is installed on your computer it may automatically update itself by installing new and/or revised files relevant to the application.
- The sharing of Little Insomniac accounts is strictly prohibited. Little Insomniac accounts with multiple simultaneous logins to the app will be suspended or banned at our discretion.
Payments, Subscriptions and Cancellation Policy
You need a subscription to use certain features of Little Insomniac Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all subscription fees specified when you apply including all applicable taxes.
By submitting your order you are making an offer to subscribe to the relevant part of the Little Insomniac Product(s). Your offer is accepted and a binding contract occurs when: (i) we send a message to your account mail inbox confirming that your payment has been received, or (ii) you log into or use a subscribers-only part of a Little Insomniac Product (whichever comes first).
ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS (E.G. MONTHLY IN THE CASE OF MONTHLY SUBSCRIPTIONS) UNTIL YOU CANCEL YOUR SUBSCRIPTION.
Payments by credit/debit cards are also subject to our credit card agreement which forms part of these terms and conditions.
We reserve the right to alter the amount or terms of our subscription fees at any time, with or without notice.
We reserve the right to charge you for any unauthorized use of your subscription by third parties. We reserve the right to terminate your account without the possibility of a refund if we find that you are violating any portion of this contract.
Free Trial Period Eligibility
The availability and duration of the free trial period are subject to change and may not be available at all times. The current trial and pricing information is available on our pricing page.
If you have not previously benefited from a free trial of our service, you may be eligible to receive a trial period at no cost.
During the trial period, you will be charged $0.00, although a small authorization charge (typically $1) may be applied to verify your payment method. This authorization charge will be refunded within 3-5 business days.
Payment Following Trial
Upon the conclusion of the trial period, you will automatically be charged the applicable subscription fee unless you cancel your subscription before the end of the trial period.
You will not receive a notice from us that your trial period has ended or that the paying portion of your subscription has begun.
Cancellation and Refund
You are eligible for a full refund of the subscription fee if you cancel your subscription within the free trial period. Cancelling your subscription after the trial period or failure to cancel within the trial period will result in the forfeiture of your eligibility for a refund.
If your subscription plan did not include a free trial period, you are not eligible for a refund on your subscription fee.
You may cancel your subscription at any time by visiting https://littleinsomniac.com/account and navigating to the Billing section of your account. Any other method of cancellation including email, phone, or other means will not be accepted unless otherwise stated or required by law.
Upon cancellation you will not be charged any further subscription fees. No payments already made in respect of subscriptions will be refunded (wholly or partly).
Any other purchases, including one-time payments, add-ons, or other sales on our site that do not include a free trial period are final and non-refundable once processed.
Should you request a refund, we will determine the eligibility of your refund. If approved, you will be refunded via the same payment method you originally used.
In the event of an outstanding balance on your account, we reserve the right to engage debt collection agencies to recover the unpaid amount.
Limitation of Warranties
By using Little Insomniac, you understand and agree that all resources provided by Little Insomniac are “as is” and “as available”. We do not represent or warrant to you that:
- The use of Little Insomniac’s resources will meet your needs or requirements
- The use of Little Insomniac’s resources will be uninterrupted, timely, secure, or free from errors
- The information obtained by using Little Insomniac will be accurate or reliable
- Any defects in the operation or functionality of Little Insomniac we provide will be repaired or corrected
- a. Any content that you download or obtain through using Little Insomniac is done at your own discretion and risk. You are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- b. No information or advice, whether expressed, implied, oral or written, obtained by you from Little Insomniac shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in the Terms of Service.
Limitation of Liabilities
Any claim against Little Insomniac or it’s owners, operators, officers, employees, and/or agents shall be limited to the amount that you as the user have paid for any resources or services provided by Little Insomniac. Little Insomniac is not liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using Little Insomniac’s services and/or resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Little Insomniac’s logo, website content, blog content, website name, and code are the intellectual property of Little Insomniac, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, decompiling, distribution, display or transmission of any content on this site is strictly prohibited, unless it is specifically authorized by Little Insomniac.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Little Insomniac’s resources with or without notice and for any reason, including but limited to, breach of this User Agreement, or any suspected illegal, fraudulent or abusive activity. Upon suspension or termination, your right to use Little Insomniac’s resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including account or login information, without the possibility of a refund.
This website is controlled by Little Insomniac. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce the Terms of Service shall be brought in the federal or state courts. You agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The License and this Agreement are governed by and construed in accordance with the laws of the State of California, United States of America. In the event of any dispute, you hereby expressly consent to the exclusive jurisdiction and venue in the state and federal courts of Los Angeles, California, United States.
In recognition of the substantial nature of such potential damages and the difficulty of measuring economic losses to Little Insomniac as a result of a breach of the Agreement or License, and because of the immediate and irreparable damage that could be caused to Little Insomniac for which it would have no other adequate remedy, you agree that in the event of a breach of this Agreement or License, Little Insomniac shall be entitled to seek specific performance of this provision and injunctive and other equitable relief, as well as any monetary damages. In the event that Little Insomniac is required to initiate claims against you, Little Insomniac shall be entitled to recover its reasonable attorneys’ fees and costs.
You agree to defend, indemnify and hold the Company and our officers, directors, employees, agents or affiliates, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Software provided by Little Insomniac, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of this Agreement.
You agree that if any statement is found to void in this agreement that other statements will still stand.
Unless otherwise expressed, Little Insomniac expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including but not limited to, warranties and conditions of merchantability, fitness for a particular focus, and non-infringement.
If you have any questions, comments, or concerns, please contact us: https://littleinsomniac.com/contact
Little Insomniac - A minimal anti-sleep app for Mac, Windows, and Linux