Terms and Conditions for Bedtime Call

BedTimeCall Terms of Service
Last Updated: November 25, 2024
Welcome to BedTimeCall. Please read these Terms and Conditions carefully before using our service.

Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Golden Labs LLC, doing business as BedTimeCall ("we," "us," "our," or "BedTimeCall"). These Terms govern your access to and use of the BedTimeCall service (the "Service").
Description of Service and Eligibility
2.1. BedTimeCall is a service that provides automated phone calls to users at specified times to encourage bedtime routines.
2.2. The Service utilizes artificial intelligence technology to conduct interactive phone calls.
2.3. By using the Service, you expressly consent to receiving automated calls from our AI system, in compliance with the Telephone Consumer Protection Act (TCPA).
2.4. Eligibility Requirements:
a) The Service is available only to users physically located in and residing in the United States, excluding California
b) You must have a valid US phone number to use the Service
c) You must be at least 18 years of age
d) You represent and warrant that you meet these eligibility requirements
e) You represent and warrant that you are not a resident of California
2.5. Geographic Restrictions:
a) You agree not to access or use the Service from outside the United States
b) California residents are not eligible to use the Service at this time
c) We reserve the right to verify your location and phone number
d) We may terminate your account if we determine you are accessing the Service from outside the eligible service area
e) You are responsible for ensuring compliance with all applicable local laws
User Authentication and Account Security
3.1. You must provide an accurate and current phone number during the registration process.
3.2. Access to your account is provided through SMS verification codes sent to your registered phone number.
3.3. Standard text messaging rates from your carrier will apply to all SMS communications.
3.4. You are responsible for maintaining the confidentiality of your verification codes.
3.5. You agree to accept responsibility for all activities that occur under your account.
3.6. If you believe your account security has been compromised, please contact us immediately.
Privacy and Data Protection
4.1. We collect and store your phone number to provide the Service.
4.2. We do not share your personal information with third parties except as required by law.
4.3. We implement reasonable security measures to protect your data, but no method of electronic storage or transmission is 100% secure.
4.4. In the event of a data breach:
a) We will notify affected users via SMS within 72 hours of discovering the breach
b) We will inform relevant authorities as required by applicable law
c) We will provide information about the nature of the breach and steps taken to address it
d) We will provide guidance on potential steps you should take to protect yourself
4.5. For more details on our data practices, please refer to our Privacy Policy.
Service Usage and Limitations
5.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.
5.2. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service.
5.3. Standard carrier phone minutes will apply to all calls from our Service.
5.4. The Service is provided "as is" and "as available" without any warranties of any kind.
5.5. We do not guarantee that:
a) The Service will be available at all times or function as intended
b) Calls will be delivered at the exact scheduled time or at all
c) The AI interaction will successfully convince you to go to bed
d) The Service will be error-free or uninterrupted
Disclaimer of Responsibility
6.1. BedTimeCall is not responsible for:
a) Any consequences resulting from missed or failed calls
b) Any issues arising from your failure to maintain a proper sleep schedule
c) Technical failures in call delivery or AI interaction
d) Carrier-related issues affecting call or SMS delivery
e) Any indirect consequences of using or relying upon the Service
Payment and Subscription
7.1. BedTimeCall may offer paid subscriptions. Payment terms will be specified at the time of purchase.
7.2. We reserve the right to change our prices with reasonable notice.
7.3. By subscribing to the Service, you:
a) Authorize us to charge your chosen payment method
b) Agree to maintain current, complete, and accurate payment information
c) Acknowledge that all payments are non-refundable unless required by law
Termination
8.1. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if:
a) You violate these Terms
b) You are found to be under 18 years of age
c) You are found to be a resident of California
d) You are found to be accessing the Service from outside the United States
e) Any information provided during registration is found to be false or misleading
8.2. Upon termination:
a) Your account will be immediately suspended
b) Any active subscriptions will be cancelled
c) We reserve the right to withhold refunds for services already rendered
d) We may prohibit you from creating new accounts in the future
Limitation of Liability
9.1. To the maximum extent permitted by law, BedTimeCall shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from:
a) Your use or inability to use the Service
b) Any missed or failed calls
c) Any actions or decisions made based on the AI interactions
d) Any technical failures or service interruptions
e) Any carrier-related charges or issues
f) Any unauthorized access to or use of our servers and/or any personal information stored therein
g) Any data breach or security incident, regardless of our fault
h) Any malicious use of exposed data by third parties
9.2. Maximum total liability for any data breach or security incident shall be limited to $500 per affected user.
9.3. Any claim or cause of action must be filed within one (1) year after such claim or cause of action arose.
Indemnification
You agree to indemnify and hold BedTimeCall harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
a) Your use of the Service
b) Your violation of these Terms
c) Your violation of any rights of another
d) Your violation of any applicable laws or regulations
Changes to Terms
11.1. We reserve the right to modify or replace these Terms at any time.
11.2. We will provide notice of any significant changes through the Service or via SMS.
11.3. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
Governing Law and Jurisdiction
12.1. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
12.2. You agree that any legal action, dispute, or proceeding arising out of or relating to these Terms or your use of the Service shall be:
a) Filed only in the state or federal courts located in Ohio
b) Conducted solely on an individual basis (no class actions)
c) Subject to the exclusive jurisdiction of such courts
12.3. You hereby consent to the jurisdiction of such courts and waive any objection to venue in such courts.
12.4. Any claim or cause of action you may have arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
13. Contact Us
If you have any questions about these Terms, please contact us:
• Phone: (614) 585-3135
• Email: [email protected]

By using BedTimeCall, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.