Ownership and transit risk transfer upon acceptance after inspection
You represent ownership and authority to transfer. You bear the transit risk before Eight Sleep accepts the item for processing following inspection; at acceptance, title and risk of loss pass to Eight Sleep. Section 4 describes the full ownership transfer as final and non-reversible once accepted and processed. The separate shipping clause broadly disclaims shipping losses to or from Eight Sleep unless it agrees otherwise in writing; that clause does not explain how it applies after acceptance.
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Title and Risk of Loss. You represent that you own the item and have the right to transfer it. Title and risk of loss pass to Eight Sleep upon our acceptance of the item for processing following inspection. Prior to acceptance, you bear the risk of loss in transit.
Transfer of Ownership By submitting your device for trade-in, you irrevocably agree to transfer full ownership and all associated rights, title, and interest in the device to Eight Sleep upon our final acceptance of the item. This transfer is final and non-reversible once your device has been accepted and processed.
Shipping Responsibility Unless explicitly stated otherwise in writing by Eight Sleep, Eight Sleep is not responsible for any loss, theft, or damage to the trade-in device that occurs during shipping to or from Eight Sleep
Not stated here
The post-acceptance risk transfer and the broad shipping disclaimer are not expressly reconciled.
Cross-references
contrast (model-proposed): A prepaid label does not insure your trade-in — contrast: Title and risk pass upon acceptance after inspection, but the shipping clause broadly disclaims losses on journeys to or from Eight Sleep unless it agrees otherwise in writing. The text leaves their post-acceptance interaction unstated.
Legal Rights & Agreement Rules · Context
Submitting your item accepts the terms and final valuation
Submitting your item means accepting these terms and Eight Sleep’s final evaluation and valuation. The introductory clause also says you may not participate if you disagree.
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Acceptance of Terms By submitting your item for trade-in, you agree to these terms and conditions and accept our final evaluation and valuation of the product.
By submitting your product for trade-in through the Program, you agree to these Terms. If you do not agree, you may not participate.
Legal Rights & Agreement Rules · Context
U.S. trade-in terms take effect November 3, 2025
These terms govern the Eight Sleep, Inc. Trade-In Program, are labeled for the U.S., were updated October 13, 2025, and state an effective date of November 3, 2025. Submitting a product means accepting the terms; you cannot participate if you disagree.
Supporting quotations
Eight Sleep Trade-In Terms & Conditions (U.S.)
Updated: Oct 13, 2025
Effective Date: November 3, 2025
These Trade-In Terms & Conditions ("Terms") govern your participation in the Eight Sleep Trade-In Program ("Program"), operated by Eight Sleep, Inc. ("Eight Sleep," "we," "our," or "us").
By submitting your product for trade-in through the Program, you agree to these Terms. If you do not agree, you may not participate.
Acceptance of Terms By submitting your item for trade-in, you agree to these terms and conditions and accept our final evaluation and valuation of the product.
Legal Rights & Agreement Rules · Context
Participation also depends on other website terms
The program incorporates the linked Privacy Policy and other applicable terms, conditions, limits and requirements on the Eight Sleep website. This analysis covers this trade-in document; the linked policy and unspecified website terms were not supplied.
Supporting quotations
Please note that your participation in the Program is also governed by the agreements listed and linked below, as well as all other applicable terms, conditions, limitations, and requirements on the EightSleep.com website.
The linked Privacy Policy text and other applicable website terms are not supplied here; their privacy practices and additional obligations cannot be determined.
Legal Rights & Agreement Rules · Restriction or exception
You must own the device or have authority from its owner
You represent and warrant that you are the sole legal owner or have full legal authority to transfer the device and associated rights for its owner. The consumer-only clause separately permits Eight Sleep to reject trade-ins suspected to be on behalf of a third party, so authorization does not guarantee acceptance.
Supporting quotations
Legal Ownership and Authorization By participating in the Program, you represent and warrant that:
You are the sole legal owner of the device being submitted; or
You have full legal authority to act on behalf of the owner to transfer the device and all associated rights to Eight Sleep.
Consumer-Only Program This Program is intended solely for individual consumers for personal use. Businesses, commercial resellers, and bulk submissions are strictly prohibited and will be rejected. Eight Sleep reserves the right to refuse participation or void any trade-in suspected to be submitted on behalf of a business or third party. Participation is limited to two (2) tradein submissions per customer per calendar month. Submissions in excess of this cap may be rejected, returned at your expense, or processed without credit at our discretion.
Not stated here
The text does not explain how its permission to act for an owner fits with its discretion to reject third-party submissions.
Cross-references
contrast (model-proposed): Only personal consumer trade-ins are allowed — contrast: The eligibility rules permit an authorized person to transfer for an owner, but the consumer-only clause allows rejection of suspected third-party submissions. Authorization and acceptance therefore remain distinct; the text supplies no reconciliation.
Legal Rights & Agreement Rules · Restriction or exception
The device must be free of financial and ownership claims
You warrant that the device is not subject to liens, leases, financing agreements or loan obligations, or third-party ownership claims or disputes.
Supporting quotations
No Encumbrances You further represent and warrant that the device is not:
Subject to any existing liens, leases, financing agreements, or loan obligations;
Encumbered by any third-party ownership claims or disputes.
Legal Rights & Agreement Rules · Restriction or exception
You cover specified losses from false representations or violations
You agree to indemnify and hold harmless Eight Sleep and its listed subsidiaries, affiliates, officers, directors, dealers, agents and employees against claims, liabilities and losses, including reasonable attorneys’ fees, arising from false or misleading ownership or authority representations, violations of law, or violations of others’ rights.
Supporting quotations
You agree to indemnify and hold harmless Eight Sleep, subsidiaries, affiliates, officers, directors, dealers, agents, and employees from any claims, liabilities, or losses, including reasonable attorneys' fees, arising from false or misleading representations regarding ownership or legal authority, or your violation of any law or the rights of any third party.
Legal Rights & Agreement Rules · Restriction or exception
A prepaid label does not insure your trade-in
Unless Eight Sleep expressly agrees otherwise in writing, it disclaims responsibility for loss, theft or damage during shipment to or from it. You must package the item properly. A possible prepaid label does not mean Eight Sleep accepts liability or provides insurance. Section 3 separately says transit risk is yours before acceptance following inspection and transfers at acceptance; the document does not reconcile the broad shipping disclaimer with that transfer.
Supporting quotations
Shipping Responsibility Unless explicitly stated otherwise in writing by Eight Sleep, Eight Sleep is not responsible for any loss, theft, or damage to the trade-in device that occurs during shipping to or from Eight Sleep
You are solely responsible for properly packaging the item to prevent damage during transit.
You may be provided with a prepaid shipping label; however, this does not imply liability or insurance coverage by Eight Sleep for items lost or damaged in transit.
Title and Risk of Loss. You represent that you own the item and have the right to transfer it. Title and risk of loss pass to Eight Sleep upon our acceptance of the item for processing following inspection. Prior to acceptance, you bear the risk of loss in transit.
Not stated here
The text does not explain how the shipping disclaimer applies to loss after the stated transfer of risk at acceptance.
Legal Rights & Agreement Rules · Restriction or exception
Purchased physical items transfer risk when given to the carrier
For physical items you buy from Eight Sleep, the terms describe a shipment contract: title and risk of loss pass to you when Eight Sleep delivers those purchased items to the carrier. This rule addresses purchases; the trade-in transfer rule separately addresses your old device.
Supporting quotations
All purchases of physical items from Eight Sleep are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Title and Risk of Loss. You represent that you own the item and have the right to transfer it. Title and risk of loss pass to Eight Sleep upon our acceptance of the item for processing following inspection. Prior to acceptance, you bear the risk of loss in transit.
Legal Rights & Agreement Rules · Restriction or exception
After transfer, Eight Sleep disclaims device warranties and liability
To the maximum extent allowed by applicable law, once ownership has transferred, Eight Sleep disclaims express and implied warranties, including merchantability, fitness for a particular purpose and non-infringement. It also disclaims liability for the device, its contents and later handling, use or disposal. Section 4 places the full ownership transfer at final acceptance and calls it irreversible once accepted and processed.
Supporting quotations
Disclaimers of Warranty and Liability To the maximum extent permitted by applicable law, once ownership of the device has transferred to Eight Sleep:
All warranties, express or implied, are disclaimed, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Eight Sleep disclaims any and all liability for the device, its contents, and its subsequent handling, use, or disposal.
Transfer of Ownership By submitting your device for trade-in, you irrevocably agree to transfer full ownership and all associated rights, title, and interest in the device to Eight Sleep upon our final acceptance of the item. This transfer is final and non-reversible once your device has been accepted and processed.
Legal Rights & Agreement Rules · Restriction or exception
Certain damages are excluded and total liability is capped at trade-in value
To the fullest extent allowed by law, the clause excludes indirect, incidental, special, consequential and punitive damages for Eight Sleep and the listed related entities and personnel, including loss of data, use or device value. Eight Sleep’s total liability, including contract, warranty and negligence claims, is capped at the submission’s trade-in value. The limitation survives cancellation or termination. It also preserves disclaimers in separate Sales Terms and Conditions, whose contents are not supplied here.
Supporting quotations
Limitation of Liability IN NO EVENT SHALL EIGHT SLEEP NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, DEALERS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF VALUE OF THE DEVICE. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN THE EIGHT SLEEP SALES TERMS AND CONDITIONS, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TRADE-IN VALUE OF YOUR SUBMISSION. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF ANY TRADE-IN SUBMISSION.
Not stated here
The referenced Sales Terms and Conditions are not included; their separate disclaimers cannot be assessed here.
Legal Rights & Agreement Rules · Restriction or exception
You warrant lawful origin and authority to transfer
You warrant that the device is not counterfeit, stolen, fraudulently obtained or otherwise unlawfully obtained. The origin restriction also refers to unauthorized resellers or secondary sellers. You must own the device lawfully or be fully authorized to transfer it for its owner. Violating the representation may cause refusal, lost credit or legal action; the earlier indemnity separately covers specified misrepresentations and law or third-party-rights violations.
Supporting quotations
Representation of Lawful Ownership By participating in the Program, you represent and warrant that the device you are submitting:
Is not counterfeit, stolen, or obtained through fraud or other unlawful means; and including through unauthorized resellers or secondary sellers
Is lawfully owned by you or you are fully authorized to transfer ownership on behalf of the lawful owner.
You understand that submitting a device in violation of this representation may result in refusal of trade-in, forfeiture of credit, and possible legal action.
You agree to indemnify and hold harmless Eight Sleep, subsidiaries, affiliates, officers, directors, dealers, agents, and employees from any claims, liabilities, or losses, including reasonable attorneys' fees, arising from false or misleading representations regarding ownership or legal authority, or your violation of any law or the rights of any third party.
Not stated here
The wording about unauthorized resellers or secondary sellers does not define which secondary-sale channels qualify.
Legal Rights & Agreement Rules · Restriction or exception
Outside events or legal compliance may excuse nonperformance
Eight Sleep disclaims responsibility for failure or delay in performing these terms when caused by events outside its reasonable control or by compliance with applicable laws or regulations.
Supporting quotations
Liability Eight Sleep will not be liable or responsible for any failure to perform, or any delay in the performance of, any of its obligations under these Terms that is caused by events outside its reasonable control or due to its compliance with any applicable laws or regulations.
Legal Rights & Agreement Rules · Context
New York law governs the terms and trade-in disputes
The terms and disputes arising from or relating to the trade-in program are governed and interpreted under New York law, excluding its conflict-of-laws principles. This clause does not specify a court or arbitration process.
Supporting quotations
Governing Law These Terms and any disputes arising from or relating to the trade-in program shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles.
Legal Rights & Agreement Rules · Context
The agreement replaces prior program understandings
The agreement says it is the parties’ entire agreement about the program and replaces prior oral or written representations, communications, agreements, statements and understandings. The opening clauses separately incorporate applicable website terms and the linked Privacy Policy; this clause does not supply their contents.
Supporting quotations
Entire Agreement This Agreement represents the parties' entire agreement in relation to the Program and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing.
Please note that your participation in the Program is also governed by the agreements listed and linked below, as well as all other applicable terms, conditions, limitations, and requirements on the EightSleep.com website.
The linked Privacy Policy and other incorporated website terms are not supplied here; this card cannot determine their additional obligations.
Legal Rights & Agreement Rules · Permission or license
Continued participation accepts posted updates
Eight Sleep may change these terms at any time without prior notice. It says the latest version will be posted at its trade-in terms page, and continuing to participate after changes are posted means agreeing to the updated terms.
Supporting quotations
Eight Sleep reserves the right to modify, update, or amend these Terms and Conditions at any time, without prior notice.