These September 16, 2026 terms form an agreement with Eight Sleep Inc. Using the website, App, Pod, Autopilot, support or related features indicates acceptance. Products are the hardware and physical accessories sold through the Services. If you disagree, do not use the Services.
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Terms of Service
Last Updated: September 16, 2026
Welcome to Eight Sleep! We built the Pod to help you sleep better, and these Terms of Service ("Terms") explain how our relationship works when you use any part of the Eight Sleep ecosystem, including our website, app, Pod, and subscription services. Please take a few minutes to read them.
These Terms are a legally binding agreement between you and Eight Sleep Inc. ("Eight Sleep," "we," "us," or "our"). By accessing or using any part of our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.
"Services" means, collectively, the Eight Sleep website (eightsleep.com), the Eight Sleep mobile application (the "App"), the Pod smart sleep system (including the Pod cover, Hub, and Base, collectively the "Pod"), the Autopilot subscription service, customer support, and all related features, content, and functionality we make available. "Products" means all Eight Sleep hardware and physical accessories sold through the Services.
Legal Rights & Agreement Rules · Restriction or exception
Most disputes go to individual arbitration, with exceptions
The terms call for binding individual arbitration and waive class proceedings. Section 10 does not apply to EEA or UK users, whose disputes are subject to their home courts and mandatory consumer protections. Eligible individual small-claims cases and public injunctive relief may still go to court. You can opt out within 30 days. If the class waiver is unenforceable for a claim, arbitration is void for that claim; other invalid portions are severed.
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IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 10 THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS.
By using any part of the Eight Sleep Services (including the website, mobile application, Pod device, or subscription), you agree to resolve most disputes with Eight Sleep through binding individual arbitration rather than in court before a judge or jury. You also agree to waive your right to participate in class actions, class arbitrations, or representative proceedings. These provisions are described in detail in Section 10 (Dispute Resolution, Arbitration, and Class Action Waiver).
If you are located in the European Economic Area or the United Kingdom, the arbitration provision in Section 10 does not apply to you. Disputes involving EEA or UK residents are subject to the courts of your country of residence and applicable mandatory consumer protection laws.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
Either party may bring an individual claim in small claims court if the claim qualifies. Nothing in this Section prevents you from seeking public injunctive relief in court under applicable consumer protection laws.
If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.
Legal Rights & Agreement Rules · User right or choice
Opt out of arbitration within 30 days
Send written notice to legal@eightsleep.com within 30 days of first agreeing to the terms to opt out of arbitration and the class-action waiver. Otherwise these provisions bind you, subject to the stated exceptions. The remaining terms still apply after opting out.
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You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you do not opt out within that period, you will be bound by these provisions.
You may opt out of this arbitration provision by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you opt out, the remaining Terms continue to apply.
Legal Rights & Agreement Rules · Restriction or exception
Organizational users must have authority
If using the Services for an organization, you represent that you can bind it to these terms. Continued use after updates accepts them through the Section 2 notice and rejection process.
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If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. By continuing to use the Services after any update to these Terms, you accept the updated Terms as described in Section 2.
Legal Rights & Agreement Rules · Procedure
Material term changes come with notice and a rejection option
Eight Sleep may change the terms for service, legal or business reasons. Changes it considers material get at least 30 days’ notice by account email, App notice or both. Continuing after the notice period accepts them. To reject, email support@eightsleep.com before they take effect. Rejecting a material change preserves the prior terms through the current subscription period, then your account and access terminate.
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We may update or modify these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make changes that we consider material, we will notify you at least 30 days before the changes take effect by sending an email to the address associated with your Account, by posting a notice within the App, or both.
Your continued use of the Services after the 30-day notice period constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you may reject them by emailing support@eightsleep.com before the changes take effect. If you reject a material change, your access to the Services will continue under the prior Terms until the end of your current subscription period, at which point your Account and access will terminate.
Legal Rights & Agreement Rules · Company practice
Minor changes may arrive without advance notice
Eight Sleep may make non-material changes, such as typo corrections or minor clarifications, without advance notice. The Last Updated date reflects the latest revision.
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For non-material changes (such as corrections of typographical errors or minor clarifications), we may update these Terms without advance notice. The "Last Updated" date at the top of this page will always reflect the most recent revision. We encourage you to review these Terms periodically.
Legal Rights & Agreement Rules · Company commitment
The Limited Warranty supplies coverage and claim rules
A separate incorporated Limited Warranty sets coverage, exclusions and claim procedures for Products. Those details are not supplied here. The terms preserve warranty rights under applicable law.
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Products are covered by Eight Sleep's Limited Warranty, available at eightsleep.com/warranty, which is also incorporated into these Terms by reference. The Limited Warranty sets out the scope of coverage, exclusions, and claim procedures. Nothing in these Terms limits any warranty rights you may have under applicable law.
Not stated here
The linked Limited Warranty text is not supplied here; full coverage, exclusions and claim procedures are not established by this source.
Cross-references
contrast (model-proposed): Services are offered as is, alongside the Limited Warranty and statutory rights — contrast: The terms both incorporate a Product Limited Warranty and state a broad warranty disclaimer. They also preserve statutory warranty rights; the linked Warranty’s full scope is not supplied, so the disclaimer is not treated as erasing all coverage.
Legal Rights & Agreement Rules · Restriction or exception
Treat Pod information as wellness information, not medical guidance
The Pod and Services are not medical devices and do not diagnose, treat, cure or prevent disease. Heart rate, variability, respiration and sleep-stage data are for wellness/information unless specific features later obtain FDA clearance and separate terms. Do not use Services data for medical decisions, delay care or disregard professional advice. They are not designed for emergencies. AI output may be inaccurate or incomplete; exercise independent judgment.
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THE POD AND THE SERVICES ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. Unless and until specific features receive U.S. Food and Drug Administration clearance (at which point separate terms will apply), all data provided through the Services, including heart rate, heart rate variability, respiratory rate, and sleep stage information, is for general wellness and informational purposes only.
Do not disregard professional medical advice, delay seeking medical treatment, or rely on information from the Services for any medical decision. The Services are not designed for use in emergency or life-threatening situations. Individual results vary. Some users may experience skin sensitivities or reactions from prolonged contact with Pod cover materials or other Products; discontinue use and consult a healthcare provider if irritation occurs.
AI-generated insights and recommendations may contain errors and are not guaranteed to be accurate or complete. All AI-powered features are provided for informational and general wellness purposes only. They do not constitute medical advice and are not a substitute for professional medical care. You should exercise your own independent judgment when acting on any AI-generated content.
Legal Rights & Agreement Rules · Procedure
Stop using a Product if skin irritation occurs
Results vary, and prolonged contact with Pod cover materials or other Products may cause sensitivity or reactions. The terms direct users to stop use and consult a healthcare provider if irritation occurs.
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Do not disregard professional medical advice, delay seeking medical treatment, or rely on information from the Services for any medical decision. The Services are not designed for use in emergency or life-threatening situations. Individual results vary. Some users may experience skin sensitivities or reactions from prolonged contact with Pod cover materials or other Products; discontinue use and consult a healthcare provider if irritation occurs.
Legal Rights & Agreement Rules · Context
Third-party integrations have separate rules
Integrations and links may include Apple Health, Google Health Connect and other health or fitness services. Those services have their own terms and privacy policies; Eight Sleep disclaims responsibility for their content, accuracy, availability and practices. Links are not endorsements. Their detailed rules are not supplied here.
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The Services may integrate with or link to third-party platforms, including Apple Health, Google Health Connect, and other health or fitness applications. These third-party services are governed by their own terms of service and privacy policies, and we are not responsible for their content, accuracy, availability, or practices. Any links to third-party websites or services do not constitute an endorsement by Eight Sleep.
Legal Rights & Agreement Rules · Restriction or exception
International users must comply with local law
The Services operate from the United States. Users accessing them elsewhere are responsible for applicable local-law compliance. The terms refer data-transfer arrangements to the unsupplied Privacy Policy, so no specific transfer mechanism is established here.
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The Services are operated from the United States. If you access the Services from outside the U.S., you are responsible for compliance with applicable local laws. Data transfers are handled as described in our Privacy Policy.
Not stated here
The referenced Privacy Policy text is not supplied here; the terms do not specify its data-transfer mechanisms.
Legal Rights & Agreement Rules · User right or choice
EEA and UK users keep home-court and mandatory consumer protections
For users in the EEA or UK, Section 10 does not apply. Disputes go to courts in the user’s country of residence, and mandatory local consumer protections apply to the extent they cannot be waived by contract.
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If you are located in the European Economic Area or the United Kingdom: (a) the arbitration provision in Section 10 does not apply to you; (b) disputes will be subject to the courts of your country of residence; and (c) mandatory consumer protection laws of your jurisdiction apply to the extent they cannot be waived by contract.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
Try informal dispute resolution for at least 60 days
Where Section 10 applies, contact legal@eightsleep.com and attempt informal resolution for at least 60 days before starting a formal proceeding. Section 10 does not apply to users in the EEA or UK.
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
Before initiating any formal proceeding, you agree to contact us at legal@eightsleep.com and attempt to resolve the dispute informally for at least 60 days.
Legal Rights & Agreement Rules · Procedure
AAA arbitration has venue, fee and court exceptions
After informal resolution fails, covered disputes about the terms, Products or Services go to binding AAA Consumer Arbitration, in English, in your county or remotely at your election. Eight Sleep pays all AAA filing and arbitration fees for claims under $10,000. Section 10 excludes EEA/UK users; you can opt out within 30 days. Eligible individual small claims and public injunctive relief can go to court. An unenforceable class waiver voids arbitration for that claim.
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
If informal resolution fails, all disputes arising out of or relating to these Terms, the Products, or the Services will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will be conducted in English, in the county where you reside or remotely at your election. Eight Sleep will pay all AAA filing and arbitration fees for claims under $10,000.
You may opt out of this arbitration provision by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you opt out, the remaining Terms continue to apply.
Either party may bring an individual claim in small claims court if the claim qualifies. Nothing in this Section prevents you from seeking public injunctive relief in court under applicable consumer protection laws.
If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.
Legal Rights & Agreement Rules · Restriction or exception
Class and representative proceedings are waived, subject to exceptions
Where Section 10 applies, disputes are individual, and class, consolidated and representative proceedings are waived. The introduction permits opting out of arbitration and the class waiver by writing to legal@eightsleep.com within 30 days of first agreement. EEA/UK users are excluded from Section 10. If the class waiver is unenforceable for a claim, arbitration is void for that claim.
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
YOU AND EIGHT SLEEP AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you do not opt out within that period, you will be bound by these provisions.
If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.
Legal Rights & Agreement Rules · Restriction or exception
Both sides waive jury trials where law permits
Within Section 10, both you and Eight Sleep waive jury trials to the fullest extent the law permits. Section 10 does not apply to EEA or UK users. This clause states a jury waiver separately from the arbitration opt-out.
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EIGHT SLEEP WAIVE THE RIGHT TO A JURY TRIAL.
Legal Rights & Agreement Rules · User right or choice
A timely written opt-out preserves the remaining terms
Write to legal@eightsleep.com within 30 days of first agreeing to opt out of arbitration; the introductory notice also includes the class-action waiver. The remaining terms continue to apply.
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You may opt out of this arbitration provision by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you opt out, the remaining Terms continue to apply.
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you do not opt out within that period, you will be bound by these provisions.
Legal Rights & Agreement Rules · User right or choice
Small claims and public injunctions can remain in court
For disputes governed by Section 10, either party can bring a qualifying individual small-claims case, and users can seek public injunctive relief in court under applicable consumer-protection laws. Section 10 does not apply to EEA/UK users.
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Either party may bring an individual claim in small claims court if the claim qualifies. Nothing in this Section prevents you from seeking public injunctive relief in court under applicable consumer protection laws.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
An invalid class waiver can remove arbitration for that claim
Under Section 10, an unenforceable class waiver voids the entire arbitration provision only for the particular claim. Other invalid portions are severed while the remainder survives. Section 10 excludes EEA and UK users.
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If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.
Legal Rights & Agreement Rules · Restriction or exception
Services are offered as is, alongside the Limited Warranty and statutory rights
Eight Sleep broadly disclaims warranties to the maximum lawful extent, including merchantability, fitness, title and non-infringement. It does not promise uninterrupted, error-free, secure or harmless Services, defect correction, or accurate/reliable data and insights. Read this alongside the incorporated Product Limited Warranty and preserved legal warranty rights. Local limits on exclusions and non-waivable consumer rights remain; the separate Warranty’s full text is not supplied here.
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THE SERVICES (INCLUDING THE POD AND OTHER PRODUCTS, APP, EIGHT SLEEP WEBSITE, AND ALL RELATED SOFTWARE AND CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHT SLEEP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY DATA, INSIGHTS, OR CONTENT PROVIDED THROUGH THE SERVICES.
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.
Products are covered by Eight Sleep's Limited Warranty, available at eightsleep.com/warranty, which is also incorporated into these Terms by reference. The Limited Warranty sets out the scope of coverage, exclusions, and claim procedures. Nothing in these Terms limits any warranty rights you may have under applicable law.
Not stated here
The linked Limited Warranty text is not supplied here; detailed coverage, exclusions and procedures cannot be resolved from the general disclaimer.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at the greater of prior-year payments or $100
To the maximum extent law permits, Eight Sleep’s aggregate liability for claims related to the terms, Products or Services is limited to the greater of payments to it during the 12 months before the event giving rise to the claim or $100. Local restrictions on liability limits and non-waivable consumer rights remain.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHT SLEEP'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EIGHT SLEEP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
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.
Legal Rights & Agreement Rules · Restriction or exception
Specified indirect and other damages are excluded where lawful
To the extent law permits, Eight Sleep excludes indirect, incidental, special, consequential, exemplary and punitive damages, including lost profits, data, use or goodwill, for claims connected to the terms, Products or Services. It applies regardless of legal theory or advance warning. Jurisdictional restrictions and non-waivable consumer rights limit the exclusion.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHT SLEEP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF EIGHT SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
Legal Rights & Agreement Rules · User right or choice
Non-waivable consumer rights survive liability exclusions
Warranty and liability exclusions apply only as far as the resident’s jurisdiction permits. The terms do not affect consumer rights that cannot be waived or limited by contract.
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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.
Legal Rights & Agreement Rules · Restriction or exception
You must defend and reimburse specified claims
You agree to indemnify, defend and hold harmless Eight Sleep and its officers, directors, employees, agents and affiliates for claims, liabilities, damages, losses, costs and reasonable legal fees arising from your misuse, breach of the terms or violation of third-party rights. Eight Sleep must give reasonable claim notice and cooperate in the defense at your expense.
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You agree to indemnify, defend, and hold harmless Eight Sleep and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Services; (b) your violation of these Terms; or (c) your violation of any third-party rights. Eight Sleep will provide you with reasonable notice of any such claim and will cooperate with your defense at your expense.
Legal Rights & Agreement Rules · Restriction or exception
Your use license ends, while specified terms survive
Termination immediately ends your license to use the Services. Sections 6, 7, 8, 10, 11, 12 and 13 survive, covering intellectual property, data and AI, health and conduct, disputes, liability, termination/indemnity/law, and general provisions. This does not revive your use license or remove existing exceptions and purpose limits, including the limits on Eight Sleep’s data license.
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Upon termination, your license to use the Services ends immediately. Sections 6 (License to Use the Services and Intellectual Property), 7 (Your Content, Data, and AI-Powered Features), 8 (Health and Wellness Disclaimers and Prohibited Conduct), 10 (Dispute Resolution, Arbitration, and Class Action Waiver), 11 (Disclaimers and Limitation of Liability), 12 (Indemnification, Termination, and Governing Law), and 13 (General Provisions) of these Terms survive termination.
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.
By using the Services, you grant Eight Sleep a worldwide, royalty-free, non-exclusive license to use, process, and store your data solely to: (a) provide, maintain, and personalize the Services for you; (b) generate your sleep insights and recommendations; and (c) create de-identified and aggregated datasets for research, analytics, and product development. Eight Sleep does not use your personal data to train third-party large language models or generative AI systems.
Texas law applies with California and mandatory local-law qualifications
The terms choose Texas law without conflict-of-laws principles. Where California law independently requires it, including the cited Cal. Civ. Code Section 1799.208, California residents’ claims arising in California may be arbitrated under California substantive law. The clause says it adds no obligations beyond that law. Outside the U.S., non-waivable local consumer protections remain. The cited law’s full text is not supplied.
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These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. For California residents: to the extent required by applicable California law, including Cal. Civ. Code Section 1799.208, claims arising in California brought by California residents may be arbitrated under California substantive law. This provision does not expand Eight Sleep's obligations beyond what California law independently requires. For users outside the United States, applicable local mandatory consumer protection laws apply to the extent they cannot be waived by contract.
Legal Rights & Agreement Rules · Context
The terms and incorporated policies form the full agreement
These terms together with the Privacy Policy, Consumer Health Data Privacy Policy, Limited Warranty and Return Policy replace earlier agreements, understandings and communications on the same Services subject. The health-data policy reference is directed to U.S. residents and applies where relevant. The linked policies’ full text is not supplied here.
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These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, Limited Warranty, and Return Policy (each incorporated by reference), constitute the entire agreement between you and Eight Sleep regarding the Services and supersede all prior agreements, understandings, and communications on the same subject matter.
Our collection and use of your personal data is governed by our Privacy Policy at eightsleep.com/privacy-policy. If you are a U.S. resident, please also review our Consumer Health Data Privacy Policy at eightsleep.com/legal/consumer-health-data-privacy-policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and agree to the Privacy Policy and, if applicable, our Consumer Health Data Privacy Policy.
Not stated here
The Privacy Policy, Consumer Health Data Privacy Policy, Limited Warranty and Return Policy texts are not supplied here; incorporation does not establish their detailed rules.
Legal Rights & Agreement Rules · Procedure
Invalid provisions are modified or severed, with an arbitration exception
A court-found unenforceable provision is modified only as much as necessary, or removed if modification is impossible; other provisions continue. Section 10 has a specific rule: an invalid class waiver voids arbitration for the affected claim, while other invalid parts of that section are severed.
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If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions will continue in full force and effect.
If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.
Legal Rights & Agreement Rules · Restriction or exception
Failure to enforce does not waive Eight Sleep’s rights
Eight Sleep’s failure to enforce a term or right does not waive it. A waiver must be written and signed by Eight Sleep.
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Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Eight Sleep.
Legal Rights & Agreement Rules · Permission or license
Eight Sleep can transfer the terms without your consent
Eight Sleep may assign or transfer all or part of the terms without your consent. You need its prior written consent to transfer your own rights or obligations.
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Eight Sleep may assign or transfer these Terms, in whole or in part, without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Legal Rights & Agreement Rules · Restriction or exception
Events beyond reasonable control can excuse performance failures
Eight Sleep excludes liability for delay or failure caused by events beyond its reasonable control, such as disasters, pandemics, war, terrorism, labor disputes, government actions, utility failures or third-party outages. Non-waivable consumer rights remain protected by the terms.
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Eight Sleep will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including, without limitation, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power or internet failures, or third-party service outages.
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.
Legal Rights & Agreement Rules · Procedure
Notices count when emailed or posted in the App
Eight Sleep may send notices to your account email or through the App. Notices to the company go to legal@eightsleep.com unless a specific term states another route. Notice is treated as given when the email is sent or the App notice is posted.
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We may send notices to you via the email address associated with your Account or through in-App notifications. Unless otherwise expressly set forth in these Terms, notices to Eight Sleep hereunder must be sent to legal@eightsleep.com. Notice is deemed given when sent by email or posted in the App.
Legal Rights & Agreement Rules · Context
Headings do not independently change the terms
The agreement says section headings are for convenience and have no legal effect.
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Section headings are included for convenience only and have no legal effect.
Legal Rights & Agreement Rules · Restriction or exception
App stores can enforce their specific protections
The terms generally create no third-party beneficiary rights. Apple, Google and their subsidiaries are exceptions: they may directly enforce Section 13.9. For App-store downloads/use, the agreement remains with Eight Sleep; Apple and Google owe no maintenance, support or warranty service and bear no responsibility for App claims or IP-claim defense. Any App warranty-failure obligation they have is limited to refunding its purchase price, if applicable.
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These Terms do not create any third-party beneficiary rights, except that Apple Inc. and Google LLC (and their respective subsidiaries) are intended third-party beneficiaries of Section 13.9 below and may enforce those provisions directly.
If you download or use the App through the Apple App Store or Google Play Store, you acknowledge the following: (a) these Terms are between you and Eight Sleep only, not with Apple or Google; (b) Apple and Google have no obligation to provide maintenance, support, or warranty services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, Apple or Google's sole obligation (if any) is limited to a refund of the purchase price of the App, if applicable; (d) Apple and Google are not responsible for addressing any claims by you or any third party relating to the App; and (e) in the event of any third-party intellectual property infringement claim, Apple and Google are not responsible for the investigation, defense, settlement, or discharge of such claim. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable third-party terms when using the App.
Legal Rights & Agreement Rules · Restriction or exception
App-store users make sanctions representations and accept third-party rules
When downloading or using the App through Apple or Google’s stores, you represent that you are not in a U.S.-embargoed or designated terrorist-supporting country or on a U.S. restricted-party list. You also agree to applicable third-party terms for App use; their details are not supplied here.
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If you download or use the App through the Apple App Store or Google Play Store, you acknowledge the following: (a) these Terms are between you and Eight Sleep only, not with Apple or Google; (b) Apple and Google have no obligation to provide maintenance, support, or warranty services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, Apple or Google's sole obligation (if any) is limited to a refund of the purchase price of the App, if applicable; (d) Apple and Google are not responsible for addressing any claims by you or any third party relating to the App; and (e) in the event of any third-party intellectual property infringement claim, Apple and Google are not responsible for the investigation, defense, settlement, or discharge of such claim. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable third-party terms when using the App.
Legal Rights & Agreement Rules · Permission or license
Use consents to electronic agreement and notices
Using the Services consents to receiving terms and related communications electronically. You agree electronic communications satisfy writing requirements and that electronic acceptance forms a binding agreement under the named E-SIGN Act and applicable state electronic-transaction laws. This describes the contract’s statement, not an independent finding about enforceability.
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By using the Services, you consent to receiving these Terms and all related notices and communications electronically. You agree that all agreements, notices, disclosures, and other communications that Eight Sleep provides to you electronically satisfy any legal requirement that such communications be in writing. Your electronic acceptance of these Terms constitutes a binding agreement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws governing electronic transactions.