Affectable™ Sleep | Terms and conditons

Affectable PTY LTD

‍

Terms of Use & Terms of Sale
Last Updated: 29 July 2025

‍
They govern your purchase of the Affectable Sleep Headband and your use of the Affectable Sleep mobile application and related services. These terms contain important information regarding your legal rights, remedies, and obligations.

‍

Affectable PTY LTD (ABN 63 642 434 544), trading as Affectable Sleep, is an Australian company based in Sydney, Australia. Our website is affectablesleep.com. We are developing neurostimulation technology for sleep wellness, including the Affectable Sleep Headband, the Affectable Sleep mobile application, and associated cloud services.

The Affectable Sleep Headband is sold as a product that connects to the Affectable Sleep mobile app, which is used to manage your account, apply software updates, and confirm your subscription. The stimulation function is delivered by the headband hardware itself and does not require continuous connection to the app during sleep.

‍

Important Disclaimer: The Affectable Sleep Headband and related services are not registered medical devices. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Please consult a healthcare professional before making any decisions about your health, especially if you have existing medical conditions or concerns.

‍

PART A: Terms of Use (Governing Your Use of the App and Service)

‍

1. Acceptance of Terms

By creating an Affectable account, downloading or using the mobile app, or otherwise accessing the service, you agree to be bound by these Terms of Use, our Privacy Policy, and any other applicable policies. If you do not agree, you may not use the service.

‍

2. Eligibility and User Accounts

Age Restriction: You must be at least 18 years old to use the Affectable Sleep Headband and services.
Account Creation: You must sign in using Apple or Google login (OAuth). You are responsible for your credentials.
No Password Storage: We do not store your password—access is handled through your chosen login provider.
Account Management: You may delete your account at any time via the mobile app. Deleted data will be removed within 90 days, except anonymized or aggregated data retained for analytics and improvement.

3. Privacy Policy

Please review our Privacy Policy. By using the service, you consent to our collection and use of your data.

‍

4. Not a Medical Device

The Affectable Sleep Headband is a consumer wellness product. It is not a medical device and is not intended to diagnose or treat any condition.

‍

5. Intellectual Property

All intellectual property related to the Affectable Sleep Headband, mobile app, stimulation algorithms, designs, and trademarks—including ‘Affectable’ and ‘Ultrasleep’—are owned by Affectable PTY LTD. You may not reverse-engineer, modify, distribute, or copy any part of the system without written permission.

‍

6. User Conduct

You agree not to:

Use the service for illegal purposes
Tamper with or reverse-engineer the device or app
Share your account
Introduce harmful code
Interfere with other users or our systems

7. Subscription Service

Bundled Purchase: The Affectable Sleep Headband and the first year of subscription are sold together as a bundle. They are priced separately but cannot be purchased independently. Only the subscription renews.
Auto-Renewal: Subscriptions renew on the schedule defined at purchase.
Cancellation & Refunds: You may cancel your subscription at any time. It will remain active until the end of the billing period. Refunds are only available during the return window for the bundled product, unless required by law.
Price Changes: We may change pricing with at least 30 days’ notice. You can cancel before new prices take effect.

8. Device Compatibility

The mobile app requires an up-to-date iOS device with Bluetooth and internet access. Android support may be added in the future.

‍

9. Service Availability

We do our best to ensure availability but cannot guarantee uninterrupted service. Temporary downtime may occur for updates or maintenance.

‍

10. Third-Party Services

The service relies on third-party platforms including Apple, Google, Firebase, Shopify, Loop, and Klaviyo. You agree to their terms where applicable.

‍

11. Termination

We may suspend or terminate your account for violating these terms. Personal data will be deleted within 90 days per our privacy policy.

‍

12. Disclaimers

The service is provided “AS IS.” We do not guarantee uninterrupted use, data accuracy, or specific outcomes. EEG and biometric readings may be incomplete or variable.

‍

13. Limitation of Liability

To the extent permitted by law, our liability is limited to the greater of:
(a) the amount paid for your subscription in the prior 12 months, or
(b) AU$100. We are not responsible for indirect or consequential damages.

‍

14. Changes to Terms

We may modify these Terms. Continued use after being notified of changes indicates your acceptance.

‍

15. Force Majeure

We are not liable for delays or failures caused by factors outside our control—e.g., natural disasters, cyberattacks, or supply chain disruptions.

‍

16. Export Compliance

You agree not to export our hardware or software in violation of applicable Australian or U.S. laws.

‍

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes must be resolved in NSW courts.

‍

PART B: Terms of Sale (Governing Your Purchase of the Headband)

‍

1. Product Description

The Affectable Sleep Headband is a wearable EEG device used during sleep. It connects via Bluetooth to the Affectable Sleep mobile app for setup, updates, and account management.

‍

2. Availability

We currently ship only to Australia and the United States. Product availability is subject to change.

‍

3. Pre-Sale Terms

This is a pre-order. Estimated shipping begins in early 2026.
Full payment is required at the time of purchase.
The headband and first-year subscription are sold together as a bundle. They are priced separately but cannot be purchased independently.
You may cancel your order any time before you receive a shipping notification for a full refund.
You will be notified of any shipping delays.
We will confirm your shipping address prior to shipment.

4. Payment Methods

We accept major credit cards, PayPal, and Shop Pay via Shopify’s checkout platform.

‍

5. Shipping & Delivery

Shipping is included during the pre-sale campaign.
Risk transfers to you once the product is handed to the shipping carrier.
If your product is lost or damaged in transit, notify us within 7 days.
If you provide an incorrect address, you may be responsible for re-shipping or forfeit eligibility for replacement.

6. Returns & Refunds

You may return your device within 30 days of delivery.
Returned items must be clean, functional, and in original packaging.
You are responsible for return shipping on change-of-mind returns.
Refunds will be issued after inspection.
You may request a size exchange within 30 days of delivery, subject to availability.

7. Warranty

The headband is covered by a 1-year limited warranty for manufacturing defects.
The warranty does not cover damage from misuse, wear and tear, third-party repairs, or modifications.
Electrode sensors are not covered under standard wear but may be replaced at our discretion.
Contact support with proof of purchase to make a claim.

8. Limitation of Liability

To the extent allowed by law, our liability is limited to the greater of:
(a) the amount paid for the headband, or
(b) AU$100. We are not liable for indirect or consequential damages.

‍

9. Export Compliance

You agree to comply with applicable export and re-export laws.

‍

10. Governing Law

As above, governed by the laws of New South Wales, Australia.

‍

11. Dispute Resolution

If you have any issues, please contact us via the mobile app. We encourage informal resolution and, if needed, mediation before pursuing legal action.

‍

Terms & Conditions