Software is licensed for personal, non-commercial use
Compliance with the terms gives you a limited, non-exclusive, non-transferable and revocable license to the App, website and Pod software for personal, non-commercial use. Embedded Pod software is licensed, not sold.
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Subject to your compliance with these Terms, Eight Sleep grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App, the Eight Sleep website, and any software included with or embedded in the Pod solely for your personal, non-commercial purposes. All software included with or embedded in the Pod is licensed to you, not sold.
Content & IP Rights · Restriction or exception
Copying, redistribution and reverse engineering are restricted
The terms prohibit copying, modification, adaptation, derivative works, redistribution, sublicensing, leasing, renting, lending and removal of proprietary markings. Reverse engineering and source-code extraction are prohibited, with Section 8’s exception for what applicable law permits. Commercial use needs prior written consent. Open-source components have their own licenses, available on request.
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You may not: (a) copy, modify, adapt, or create derivative works of the Services or any software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software; (c) distribute, sublicense, lease, rent, or lend any portion of the Services to any third party; (d) remove or alter any proprietary notices, labels, or marks; (e) use the Services for any commercial purpose without Eight Sleep's prior written consent; (f) use the Services, or any data or output derived from the Services, to develop, train, or improve any product or service that competes with Eight Sleep; (g) systematically download, cache, or store content from the Services other than for your personal use; or (h) use data collected by the Pod or generated by the Services as training data for any machine learning model or artificial intelligence system, except through features Eight Sleep expressly provides for that purpose. Certain open source components included in the software are subject to their respective open source licenses, which will be made available upon request.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software included in the Services, except as permitted by applicable law.
Content & IP Rights · Restriction or exception
Service data cannot be used freely for competing products or AI training
You may not use the Services or their data/output to develop, train or improve a competing product or service. Systematic downloads, caching or storage are barred except for personal use. Using Pod or Services data to train machine-learning or AI systems is barred except through features Eight Sleep expressly supplies for that purpose; applicable open-source licenses remain separate.
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You may not: (a) copy, modify, adapt, or create derivative works of the Services or any software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software; (c) distribute, sublicense, lease, rent, or lend any portion of the Services to any third party; (d) remove or alter any proprietary notices, labels, or marks; (e) use the Services for any commercial purpose without Eight Sleep's prior written consent; (f) use the Services, or any data or output derived from the Services, to develop, train, or improve any product or service that competes with Eight Sleep; (g) systematically download, cache, or store content from the Services other than for your personal use; or (h) use data collected by the Pod or generated by the Services as training data for any machine learning model or artificial intelligence system, except through features Eight Sleep expressly provides for that purpose. Certain open source components included in the software are subject to their respective open source licenses, which will be made available upon request.
Content & IP Rights · Restriction or exception
Eight Sleep keeps its intellectual property
Eight Sleep and its licensors retain intellectual-property rights in the Services. Eight Sleep, Pod, Autopilot and related marks belong to Eight Sleep; use of its trademarks needs prior written permission.
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Eight Sleep and its licensors retain all right, title, and interest in and to the Services, including all patents, trademarks, copyrights, trade secrets, and other intellectual property rights. "Eight Sleep," "Pod," "Autopilot," and all related names, logos, and marks are trademarks of Eight Sleep. You may not use any Eight Sleep trademarks without our prior written permission.
Content & IP Rights · Procedure
Copyright notices go to the designated agent
Send a DMCA notice to legal@eightsleep.com identifying the copyrighted work and allegedly infringing material, your contact information, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act for the owner.
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If you believe content available through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to our designated agent at legal@eightsleep.com. Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
Content & IP Rights · Permission or license
Feedback rights are assigned without compensation
Submitting suggestions, ideas or feedback assigns all rights in them to Eight Sleep. It may use the feedback without restriction or payment to you.
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If you submit suggestions, ideas, or feedback about the Services, you assign to Eight Sleep all rights in that feedback, and Eight Sleep may use it without restriction or compensation to you.
Content & IP Rights · Restriction or exception
Automation, reverse engineering and hardware changes have limits
Scraping, crawling and automated access or collection need prior written consent. Reverse engineering and code extraction are barred except as applicable law permits. Unauthorized commercial use of the Services or their content is prohibited, and hardware modifications require Eight Sleep’s express authorization.
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Scrape, crawl, or use automated means to access or collect data from the Services without our prior written consent.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software included in the Services, except as permitted by applicable law.
Use the Services, or any content obtained from the Services, for unauthorized commercial purposes.
Modify Pod hardware or any other Products except as expressly authorized by Eight Sleep.
Content & IP Rights · Permission or license
Beta use is voluntary and feedback rights go to Eight Sleep
Beta and early-access features are provided as is, without warranty, may have errors and may change or disappear without notice, subject to applicable statutory protections. Participation is voluntary. Suggestions and feedback assign all rights to Eight Sleep, which may use them without restriction or compensation.
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From time to time, Eight Sleep may offer beta, preview, or early access features ("Beta Features") that are still under development. Beta Features are provided "as is" without warranty of any kind and may contain bugs, errors, or inaccuracies. Eight Sleep may modify or discontinue any Beta Feature at any time without notice. Your use of Beta Features is voluntary, and any feedback you provide about Beta Features is subject to Section 7.4.
If you submit suggestions, ideas, or feedback about the Services, you assign to Eight Sleep all rights in that feedback, and Eight Sleep may use it without restriction or compensation to you.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain types of damages. If you reside in such a jurisdiction, the limitations and exclusions above apply only to the extent permitted by the laws of that jurisdiction. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.