LEGAL

DRIFTY TERMS OF USE

Version 1.0
Effective Date: September 22, 2026
Last Updated: September 22, 2026

1. AGREEMENT TO THESE TERMS

1.1 These Terms of Use (the "Terms") form a binding legal agreement between you ("you," "your," or "User") and Drifty, Inc., a TO BE COMPLETED: state of incorporation corporation ("Drifty," "we," "us," or "our"), governing your access to and use of: (a) the Drifty mobile application for iOS and the companion application for watchOS (together, the "App"); (b) driftysleep.com and any Drifty-operated web property (the "Site"); and (c) all related features, content, algorithms, notifications, haptic outputs, insights, and support services (collectively with the App and the Site, the "Services").

1.2 BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, OR BY CLICKING "I AGREE," YOU ACCEPT THESE TERMS IN FULL. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICES.

1.3 SECTION 19 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTIONS 8, 9, AND 10 CONTAIN CRITICAL SAFETY LIMITATIONS. SECTIONS 17 AND 18 LIMIT OUR LIABILITY. READ THEM CAREFULLY.

1.4 Modifications. We may modify these Terms at any time. If a change is material, we will provide at least thirty (30) days' advance notice through the App, by email to the address associated with your account, or by posting a notice on the Site, and will update the "Last Updated" date. Material changes apply prospectively only. Your continued use of the Services after the effective date of a modification constitutes acceptance. If you do not accept a modification, your sole remedy is to stop using the Services and cancel any subscription. Changes to Section 19 (Dispute Resolution) are governed by Section 19.10.

2. ELIGIBILITY

2.1 The Services are offered solely to individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract.

2.2 The Services are not directed to, and may not be used by, children under 18. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected information from a person under 18, we will delete it and terminate the account. See the Drifty Privacy Policy for details.

2.3 You represent and warrant that: (a) you are at least 18; (b) you are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; (c) you are not located in, under the control of, or a national or resident of any country subject to United States embargo or designated by the United States Government as a "terrorist supporting" country; and (d) you are not listed on any United States Government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by OFAC and the Denied Persons List maintained by the Bureau of Industry and Security.

2.4 If you use the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

3. THE SERVICES

3.1 Description. Drifty is a general wellness software product that runs on a user-supplied iPhone and Apple Watch (or other supported wearable). Depending on the features you enable, the Services may: monitor motion, cardiac, oxygenation, and acoustic signals during sleep sessions; compute personal baselines; classify possible sleep disturbances; deliver haptic cues intended to encourage repositioning; provide a graduated wake sequence and wake-gate ("anti-snooze") alarm; and present retrospective, non-diagnostic insights about your sleep patterns.

3.2 Architecture. In the default configuration, sensing and classification occur on your device. Raw audio is processed in real time and discarded, and is not retained or transmitted. Event classifications, timestamps, and confidence values are stored locally, with optional encrypted backup. Physiological samples remain under the platform health store's control. Optional cloud features, if you enable them, are described in the Privacy Policy.

3.3 Dependence on Third-Party Hardware, Operating Systems, and Services. The Services depend on hardware, operating systems, sensors, permissions, background execution policies, notification delivery, and health data stores that we do not own or control, including Apple's iOS, watchOS, HealthKit, and Apple Watch. We do not warrant the availability, accuracy, calibration, or continued function of any third-party component, and we are not responsible for changes made by any platform provider that degrade, interrupt, or disable any feature. See Sections 9 and 10.

3.4 Changes to the Services. We may add, modify, suspend, or discontinue any feature at any time, with or without notice. If we permanently discontinue a paid feature during a paid subscription term, your remedy is limited to the pro-rata refund described in Section 6.8.

4. LICENSE AND RESTRICTIONS

4.1 License Grant. Subject to your compliance with these Terms, Drifty grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of the App on Apple-branded devices that you own or control, and to access the Site, in each case for your own personal, non-commercial use, in accordance with the Apple Media Services Terms and the Usage Rules set forth therein.

4.2 Restrictions. You shall not, and shall not permit any third party to: (a) copy, modify, translate, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, model weights, thresholds, or training data of the Services, except to the extent this restriction is unenforceable under applicable law; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Services; (d) remove or alter any proprietary notice; (e) use the Services to build a competing or substantially similar product or service, or to train any machine learning model; (f) scrape, crawl, harvest, or use automated means to extract data from the Services; (g) circumvent, disable, or interfere with any security, rate-limiting, entitlement, subscription, or authentication feature; (h) use the Services in any manner that violates applicable law, including laws governing the recording or interception of communications; (i) use the Services to make any diagnosis, treatment decision, or clinical determination concerning yourself or any other person; or (j) use the Services in any high-risk setting described in Section 9.5.

4.3 Reservation of Rights. All rights not expressly granted are reserved by Drifty and its licensors. No license is granted by implication, estoppel, or otherwise.

5. ACCOUNTS AND SECURITY

5.1 Some features require an account. You agree to provide accurate and complete information and to keep it current.

5.2 You are responsible for safeguarding your credentials and for all activity occurring under your account. You must notify us promptly at driftyteam1@gmail.com of any unauthorized use. We are not liable for loss arising from your failure to maintain the confidentiality of your credentials.

5.3 You may not share an account, transfer an account, or create an account on behalf of another person.

6. SUBSCRIPTIONS, BILLING, AND CANCELLATION

6.1 Paid Plans. Certain features require a paid subscription ("Subscription"). Current pricing, billing intervals, and included features are disclosed at the point of purchase.

6.2 Purchases Through Apple. Subscriptions purchased through the App are processed by Apple and governed by the Apple Media Services Terms. Payment is charged to your Apple ID account at confirmation of purchase. Drifty does not receive or store your payment card number. Where Drifty offers purchases directly through the Site, payment is processed by our payment processor, and you authorize Drifty and its processor to charge the payment method you provide.

6.3 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AT THE THEN-CURRENT PRICE FOR THE SAME TERM LENGTH UNLESS YOU CANCEL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE CURRENT PERIOD. YOUR PAYMENT METHOD WILL BE CHARGED WITHIN TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE CURRENT PERIOD.

6.4 Free Trials and Introductory Offers. Free or discounted trials are available once per user and per Apple ID, are subject to the terms disclosed at sign-up, and convert automatically into a paid Subscription at the end of the trial unless cancelled at least twenty-four (24) hours before the trial ends. We will send a reminder before conversion where required by applicable law.

6.5 Cancellation. You may cancel at any time. For purchases made through Apple, cancel in your Apple ID subscription settings; deleting the App does not cancel a Subscription. For purchases made directly through Drifty, cancel through the account settings page or by emailing driftyteam1@gmail.com, and we will provide a mechanism to cancel that is at least as simple as the mechanism used to subscribe. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then.

6.6 Price Changes. We may change Subscription prices. Price increases take effect only at the start of a renewal term and only after we give you at least thirty (30) days' notice and, where required by law or platform rules, obtain your affirmative consent to continue.

6.7 Refunds. Except where required by law, all fees are non-refundable and no partial-period credits are issued. Refunds for purchases made through Apple are administered solely by Apple under its policies; Drifty cannot issue, guarantee, or override an Apple refund decision. Residents of certain jurisdictions, including the European Union and the United Kingdom, have statutory rights described in Section 24.

6.8 Discontinuation of Paid Features. If we permanently discontinue a material paid feature mid-term and do not provide a substantially equivalent replacement, we will provide a pro-rata refund of the unused portion of the then-current term, which is your sole and exclusive remedy.

6.9 Taxes. Prices exclude applicable taxes unless stated otherwise. You are responsible for all taxes associated with your purchase other than taxes based on our net income.

7. PRIVACY AND HEALTH DATA

7.1 Our collection and use of personal information is described in the Drifty Privacy Policy and, for consumer health data, the Drifty Consumer Health Data Privacy Policy, each incorporated into these Terms by reference.

7.2 By enabling health-related features, you provide express consent to our processing of health and wellness data (including data classified as special category data under the UK GDPR and EU GDPR, and as sensitive personal information under United States state privacy laws) for the purposes described in the Privacy Policy. You may withdraw consent at any time by disabling the relevant permission or deleting your account, without affecting the lawfulness of processing before withdrawal.

7.3 We do not sell your health data, and we do not use health data for targeted advertising. We do not use data obtained through HealthKit for advertising, marketing, data brokering, or any use other than health, fitness, and wellness purposes, consistent with Apple's platform requirements.

8. MEDICAL DISCLAIMER: DRIFTY IS NOT A MEDICAL DEVICE

8.1 GENERAL WELLNESS PRODUCT ONLY. THE SERVICES ARE INTENDED ONLY FOR GENERAL WELLNESS AND SLEEP-HABIT AWARENESS. THE SERVICES ARE NOT A MEDICAL DEVICE. THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR CONDITION, INCLUDING OBSTRUCTIVE SLEEP APNEA, CENTRAL SLEEP APNEA, INSOMNIA, NARCOLEPSY, RESTLESS LEG SYNDROME, CARDIAC ARRHYTHMIA, OR ANY RESPIRATORY, NEUROLOGICAL, OR CARDIOVASCULAR DISORDER.

8.2 NO DIAGNOSIS, NO CLINICAL INDEX, NO SEVERITY SCORE. THE SERVICES DO NOT PRODUCE A DIAGNOSIS, DO NOT COMPUTE ANY CLINICAL INDEX (INCLUDING AN APNEA-HYPOPNEA INDEX OR RESPIRATORY DISTURBANCE INDEX), AND DO NOT CLASSIFY SEVERITY. ALL INSIGHTS ARE PRESENTED AS PATTERNS RELATIVE TO YOUR OWN BASELINE AND ARE NON-DIAGNOSTIC.

8.3 NOT A SUBSTITUTE FOR PROFESSIONAL CARE. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND DO NOT CREATE A PHYSICIAN-PATIENT OR OTHER PROFESSIONAL RELATIONSHIP. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER WITH ANY QUESTION REGARDING A MEDICAL CONDITION. NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF ANYTHING PRESENTED BY THE SERVICES.

8.4 DO NOT ALTER TREATMENT. DO NOT START, STOP, ADJUST, OR DISCONTINUE ANY MEDICATION, THERAPY, OR PRESCRIBED DEVICE, INCLUDING CPAP, BIPAP, AN ORAL APPLIANCE, SUPPLEMENTAL OXYGEN, OR ANY POSITIONAL THERAPY DEVICE, BASED ON THE SERVICES.

8.5 EMERGENCIES. THE SERVICES DO NOT MONITOR FOR, DETECT, OR RESPOND TO MEDICAL EMERGENCIES AND WILL NOT SUMMON EMERGENCY ASSISTANCE. IF YOU EXPERIENCE CHEST PAIN, SEVERE OR SUDDEN SHORTNESS OF BREATH, CHOKING OR GASPING THAT WAKES YOU, FAINTING, OR ANY OTHER EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

8.6 ABSENCE OF A NOTIFICATION MEANS NOTHING. A NIGHT, WEEK, OR MONTH WITHOUT A FLAGGED DISTURBANCE IS NOT EVIDENCE THAT YOU DO NOT HAVE A SLEEP DISORDER OR ANY OTHER CONDITION. CONVERSELY, A FLAGGED DISTURBANCE IS NOT EVIDENCE THAT YOU DO. THE SERVICES RELY ON INDIRECT SIGNALS AND MAY PRODUCE BOTH FALSE POSITIVES AND FALSE NEGATIVES.

8.7 Accuracy Limitations You Acknowledge. You acknowledge that sensor accuracy is not one hundred percent; that accelerometer, cardiac, oxygenation, and acoustic signals may be affected by device fit, wear position, movement, bedding, body composition, tattoos, ambient sound, other occupants, pets, notifications, environmental conditions, and battery state; that sleep stage estimation on consumer wearables is approximate; that the Services may misattribute sounds originating from another person, an animal, or the environment; and that individual physiological and behavioral responses to haptic stimuli vary and cannot be fully captured by any algorithm.

9. ALARM, WAKE, AND HAPTIC INTERVENTION DISCLAIMER

9.1 NO RELIANCE FOR ANY CONSEQUENTIAL WAKE EVENT. THE WAKE, ALARM, ANTI-SNOOZE, AND HAPTIC FEATURES ARE PROVIDED FOR CONVENIENCE AND WELLNESS PURPOSES ONLY. THEY ARE NOT GUARANTEED TO FIRE, TO FIRE AT ANY PARTICULAR TIME, TO BE PERCEIVED BY YOU, OR TO WAKE YOU. YOU MUST NOT RELY ON THE SERVICES AS YOUR SOLE OR PRIMARY MEANS OF WAKING FOR ANY OBLIGATION, INCLUDING WORK, SCHOOL, TRAVEL, CHILDCARE, CAREGIVING, MEDICATION SCHEDULES, OR ANY SAFETY-SENSITIVE OR TIME-CRITICAL ACTIVITY.

9.2 MANDATORY BACKUP ALARM. YOU AGREE TO MAINTAIN AN INDEPENDENT, NON-DRIFTY ALARM (FOR EXAMPLE, A STANDALONE ALARM CLOCK OR THE NATIVE DEVICE CLOCK APPLICATION) FOR ANY WAKE EVENT WITH CONSEQUENCES. YOUR FAILURE TO DO SO IS AN ASSUMPTION OF RISK BY YOU.

9.3 KNOWN FAILURE MODES. THE ALARM MAY FAIL TO FIRE OR MAY FIRE INCORRECTLY BECAUSE OF, AMONG OTHER CAUSES: BATTERY DEPLETION OR POWER-AWARE DEGRADATION; DEVICE POWER-OFF, RESTART, CRASH, OR STORAGE EXHAUSTION; OPERATING SYSTEM UPDATES OR CHANGES TO BACKGROUND EXECUTION, NOTIFICATION, FOCUS, SILENT, OR DO-NOT-DISTURB BEHAVIOR; REVOKED OR EXPIRED PERMISSIONS; LOSS OF PAIRING OR BLUETOOTH CONNECTIVITY BETWEEN PHONE AND WATCH; THE WATCH NOT BEING WORN, NOT BEING CHARGED, OR BEING WORN TOO LOOSELY; AIRPLANE MODE; SOFTWARE DEFECTS; AND DEEP SLEEP, HEARING IMPAIRMENT, INTOXICATION, SEDATION, MEDICATION, FATIGUE, OR ANY OTHER FACTOR THAT REDUCES YOUR RESPONSIVENESS TO A HAPTIC OR AUDIBLE CUE.

9.4 SLEEP DISRUPTION RISK. HAPTIC CUES AND WAKE SEQUENCES MAY DISRUPT YOUR SLEEP OR THE SLEEP OF OTHERS, MAY CAUSE AWAKENINGS OR ANXIETY, AND MAY LEAVE YOU WITH LESS OR LOWER-QUALITY SLEEP THAN YOU WOULD HAVE HAD WITHOUT THEM. SLEEP LOSS IMPAIRS ALERTNESS, JUDGMENT, AND REACTION TIME.

9.5 PROHIBITED AND HIGH-RISK USES. DO NOT USE THE SERVICES WHILE OPERATING A MOTOR VEHICLE OR MACHINERY; AS A COMPONENT OF ANY MEDICAL, LIFE-SUPPORT, OR PATIENT-MONITORING SYSTEM; TO MONITOR AN INFANT, CHILD, ELDERLY PERSON, PATIENT, OR ANY PERSON DEPENDENT ON YOUR CARE; IN ANY APPLICATION WHERE FAILURE COULD RESULT IN DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE; OR IN ANY AVIATION, NUCLEAR, MARITIME, EMERGENCY-RESPONSE, TRANSPORTATION-OPERATOR, OR OTHER SAFETY-CRITICAL CONTEXT.

9.6 CONSULT YOUR PHYSICIAN FIRST IF YOU: ARE PREGNANT; HAVE AN IMPLANTED ELECTRONIC MEDICAL DEVICE; HAVE A SEIZURE, PANIC, CARDIAC, OR SLEEP DISORDER; HAVE SKIN SENSITIVITY, NEUROPATHY, OR REDUCED SENSATION; TAKE SEDATIVES, HYPNOTICS, OR OTHER SLEEP-AFFECTING MEDICATION; OR HAVE ANY CONDITION THAT COULD BE AGGRAVATED BY SLEEP FRAGMENTATION OR TACTILE STIMULATION.

9.7 Assumption of Risk. You knowingly and voluntarily assume all risks described in Sections 8 and 9, and you agree that these risks are inherent to a consumer general-wellness product built on third-party consumer hardware.

10. MICROPHONE USE, BED PARTNERS, AND RECORDING LAWS

10.1 If you enable acoustic sensing, the App accesses your device microphone during a sleep session. Audio is analyzed in real time on-device and is not retained or transmitted in the default configuration; only derived event classifications, timestamps, and confidence values are stored.

10.2 Your Responsibility for Others. You are solely responsible for determining whether your use of acoustic sensing is lawful in your jurisdiction and for obtaining any consent required from any other person present in or near the sensing environment, including a spouse, partner, roommate, guest, or household member. Several United States jurisdictions require the consent of all parties to the recording or interception of oral communications, and other countries impose comparable or stricter requirements.

10.3 Representation and Warranty. You represent and warrant that, before each use of acoustic sensing, you have obtained all consents required by applicable federal, state, and local law from every person who may be captured by the microphone.

10.4 Indemnity. You agree to indemnify and hold Drifty harmless from any claim brought by any third party arising out of or relating to your use of microphone-based features, including claims under federal or state wiretap, eavesdropping, privacy, or recording statutes. This obligation is in addition to, and not limited by, Section 18.

10.5 You may disable acoustic sensing at any time in App settings or by revoking the microphone permission in device settings. Doing so will disable features that depend on acoustic signals.

11. USER CONTENT AND FEEDBACK

11.1 User Content. You retain ownership of the content you submit, including journal entries, notes, tags, and support communications ("User Content"). You grant Drifty a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process User Content solely to operate, secure, and improve the Services and to perform our obligations under these Terms and the Privacy Policy.

11.2 Feedback. If you send us ideas, suggestions, bug reports, feature requests, or other feedback ("Feedback"), you grant Drifty a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, publish, and commercialize the Feedback for any purpose without restriction, attribution, or compensation. You waive any moral rights in Feedback to the extent permitted by law. Feedback is deemed non-confidential.

11.3 Reviews and Testimonials. If you provide a testimonial or review, you consent to its use in Drifty marketing with the first name and last initial, or a pseudonym, you supply, until you withdraw consent in writing to driftyteam1@gmail.com.

12. ACCEPTABLE USE

You agree not to: (a) violate any law or regulation; (b) infringe or misappropriate any intellectual property or privacy right; (c) upload malicious code or interfere with the integrity or performance of the Services; (d) attempt unauthorized access to any account, system, or data; (e) impersonate any person or misrepresent your affiliation; (f) submit another person's health data without that person's documented consent and lawful authority; (g) use the Services to harass, abuse, or harm any person; (h) resell, sublicense, or commercially exploit the Services or any output; or (i) misrepresent Drifty output as a clinical finding, diagnosis, or medical record, or present it as such to any insurer, employer, court, or health provider.

13. THIRD-PARTY SERVICES AND CONTENT

13.1 The Services may integrate with or link to third-party products, devices, platforms, and websites ("Third-Party Services"). Third-Party Services are governed solely by their own terms and privacy policies. Drifty does not control, endorse, or assume responsibility for Third-Party Services, and your use of them is at your own risk.

13.2 Educational content presented in the Services, including sleep hygiene information, is general in nature, is not personalized medical advice, and may not reflect the most current clinical research.

14. INTELLECTUAL PROPERTY

14.1 The Services, including all software, algorithms, models, model weights, thresholds, scoring logic, escalation ladders, interfaces, designs, text, graphics, sounds, haptic patterns, and documentation, and all intellectual property rights therein, are owned by Drifty and its licensors and are protected by United States and international copyright, trademark, patent, and trade secret law.

14.2 "Drifty," the Drifty logo, and related names and marks are trademarks of Drifty. You may not use them without our prior written permission.

14.3 Patent Notice. One or more features of the Services are the subject of pending patent applications. Nothing in these Terms grants any license, express or implied, under any Drifty patent.

14.4 Aggregated and De-Identified Data. Drifty may create aggregated and de-identified data from use of the Services and may use and disclose that data for any lawful business purpose, including model development, research, and reporting, provided that such data does not identify you or any individual and is not re-identified. Drifty commits not to attempt to re-identify de-identified data and to contractually obligate recipients not to do so.

15. BETA AND EXPERIMENTAL FEATURES

Features labeled beta, preview, experimental, or early access are provided AS IS, without any warranty or support commitment, may be unstable or discontinued at any time, and may produce inaccurate output. Their performance is not indicative of any future release.

16. TERM, SUSPENSION, AND TERMINATION

16.1 These Terms remain in effect while you use the Services.

16.2 You may terminate at any time by deleting your account and removing the App from your devices. Deleting the App does not cancel a Subscription; see Section 6.5.

16.3 We may suspend or terminate your access immediately and without notice if we reasonably believe you have breached these Terms, created risk or legal exposure for Drifty or another user, or engaged in fraudulent or unlawful activity, or if required by law or by a platform provider. Where practicable and lawful, we will give notice and an opportunity to cure.

16.4 We may discontinue the Services in whole or in part upon thirty (30) days' notice, in which case active Subscriptions will be refunded pro-rata for the unused portion of the then-current term.

16.5 Effect of Termination. Your license terminates immediately. Locally stored data on your device remains under your control until you delete the App. Server-side data is handled as described in the Privacy Policy. Sections 4.3, 7, 8, 9, 10, 11, 14, 16.5, 17, 18, 19, 20, and 22 survive termination.

17. DISCLAIMER OF WARRANTIES

17.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIFTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

17.2 WITHOUT LIMITING THE FOREGOING, DRIFTY DOES NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY DEFECT WILL BE CORRECTED; ANY ALARM, NOTIFICATION, OR HAPTIC CUE WILL BE DELIVERED, DELIVERED ON TIME, OR PERCEIVED; ANY DETECTION, CLASSIFICATION, BASELINE, TREND, OR INSIGHT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR THE SERVICES WILL IMPROVE YOUR SLEEP, HEALTH, PERFORMANCE, OR WELLBEING.

17.3 NO ADVICE OR INFORMATION OBTAINED FROM DRIFTY CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17.4 Some jurisdictions do not allow the exclusion of implied warranties, so some exclusions may not apply to you. In that case, such warranties are limited in duration to the minimum period permitted by applicable law.

18. LIMITATION OF LIABILITY

18.1 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRIFTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, WAGES, EMPLOYMENT, EDUCATIONAL OPPORTUNITY, TRAVEL COSTS, OR SLEEP, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, OR ANY OTHER THEORY, AND WHETHER OR NOT DRIFTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 THIS EXCLUSION APPLIES SPECIFICALLY AND WITHOUT LIMITATION TO ANY CLAIM ARISING FROM: A MISSED, LATE, UNPERCEIVED, OR FAILED ALARM OR WAKE SEQUENCE; A MISSED OBLIGATION, APPOINTMENT, FLIGHT, SHIFT, EXAMINATION, OR DEADLINE; A FALSE POSITIVE OR FALSE NEGATIVE DETECTION; ANY DELAY IN SEEKING OR OBTAINING MEDICAL CARE; SLEEP DISRUPTION OR SLEEP DEPRIVATION; OR RELIANCE ON ANY INSIGHT, TREND, BASELINE, OR NOTIFICATION.

18.3 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DRIFTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO DRIFTY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

18.4 ESSENTIAL BASIS. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT AN AGREED ALLOCATION OF RISK THAT FORMS AN ESSENTIAL BASIS OF THE BARGAIN. DRIFTY WOULD NOT OFFER THE SERVICES AT THE STATED PRICE WITHOUT THESE LIMITATIONS.

18.5 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or gross negligence or willful misconduct where such limitation is prohibited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you in full.

19. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DRIFTY TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

19.1 Scope. Except as stated in Sections 19.6 and 19.7, you and Drifty agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any marketing of the Services, or the relationship between you and Drifty, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination, shall be resolved exclusively by final and binding individual arbitration.

19.2 Informal Resolution First (Condition Precedent). Before initiating arbitration, the initiating party must send a written Notice of Dispute to the other party (to Drifty at driftyteam1@gmail.com and TO BE COMPLETED: registered business address; to you at the email associated with your account) describing the claim, the specific relief sought, and a calculation of damages, and signed by the individual claimant. The parties shall negotiate in good faith for sixty (60) days. Either party may request an individual telephonic settlement conference, and both parties (and counsel, if represented) shall participate. Completion of this process is a condition precedent to commencing arbitration, and the statute of limitations is tolled during it.

19.3 Arbitration Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. A single arbitrator shall be selected under AAA rules. Arbitration may be conducted by document submission, telephone, or videoconference, and any in-person hearing shall occur in the county of your residence or another mutually agreed location. The arbitrator's award is final and binding and may be entered in any court of competent jurisdiction.

19.4 Fees. Payment of filing, administration, and arbitrator fees is governed by AAA rules. Where AAA rules require, Drifty will pay the portion of fees allocated to businesses in consumer arbitrations. If the arbitrator finds a claim or defense frivolous or brought for an improper purpose, fees may be reallocated as permitted by the Federal Arbitration Act.

19.5 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND DRIFTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY'S INDIVIDUAL CLAIM. YOU AND DRIFTY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IF THIS SUBSECTION 19.5 IS FOUND UNENFORCEABLE AS TO ANY CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST SHALL BE SEVERED AND LITIGATED IN COURT UNDER SECTION 20, AND ALL OTHER CLAIMS SHALL PROCEED IN ARBITRATION.

19.6 Opt-Out. You may opt out of this Section 19 by sending written notice to driftyteam1@gmail.com with the subject line "Arbitration Opt-Out," including your name, the email associated with your account, and a clear statement that you wish to opt out, within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms and will not affect your use of the Services.

19.7 Carve-Outs. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights. Nothing in this Section prevents you from reporting a concern to any governmental agency.

19.8 Coordinated Filings (Batching). If twenty-five (25) or more claimants submit Notices of Dispute or arbitration demands raising substantially similar claims and represented by the same or coordinated counsel, the claims shall be administered in sequential batches of no more than fifty (50), with a single arbitrator per batch and a single set of filing fees per batch, and the parties shall cooperate in good faith with the AAA to implement this protocol. The statute of limitations is tolled for claims awaiting their batch.

19.9 No Arbitrator Precedent. An arbitrator's decision binds only the parties to that arbitration and has no preclusive effect in any other proceeding.

19.10 Changes to This Section. If Drifty materially amends this Section 19 after you accept these Terms, you may reject the amendment by written notice to driftyteam1@gmail.com within thirty (30) days, in which case the version of Section 19 in effect immediately before the amendment governs disputes between us.

19.11 Survival and Severability. This Section survives termination. If any part other than Section 19.5 is found unenforceable, it shall be severed and the remainder enforced.

20. GOVERNING LAW AND VENUE

20.1 These Terms and any dispute arising from them are governed by the laws of the State of TO BE COMPLETED: governing law state, without regard to conflict of law principles, except that the Federal Arbitration Act governs Section 19.

20.2 For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in TO BE COMPLETED: venue county and state, and waive any objection based on forum non conveniens.

20.3 The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

20.4 Time Limit. To the extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after it accrues, or it is permanently barred. This subsection does not apply to residents of jurisdictions where such a limitation is unenforceable.

21. APPLE-SPECIFIC TERMS

The following applies to the App obtained through the Apple App Store:

(a) These Terms are between you and Drifty only, not with Apple, and Apple is not responsible for the App or its content.

(b) Apple has no obligation to furnish any maintenance or support services for the App.

(c) If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are the sole responsibility of Drifty.

(d) Apple is not responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection or similar legislation, including in connection with the App's use of HealthKit.

(e) If a third party claims the App infringes its intellectual property rights, Drifty, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

(f) You represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

(g) You must comply with applicable third-party terms of agreement when using the App.

(h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Drifty and its officers, directors, employees, agents, licensors, and suppliers from and against any claim, demand, action, damage, loss, cost, liability, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your breach of these Terms or any representation herein; (c) your violation of any law or third-party right, including under any wiretap, eavesdropping, recording, or privacy statute (see Section 10.4); (d) your User Content; or (e) any decision or action you or a third party takes based on Drifty output. Drifty will provide prompt notice of any claim and may assume exclusive control of the defense at your expense; you may not settle any claim in a manner that imposes an obligation on Drifty without our prior written consent.

23. ADDITIONAL LEGAL TERMS

23.1 Electronic Communications. You consent to receive communications from us electronically, including notices, disclosures, and agreements, and agree that electronic delivery satisfies any legal requirement of writing. You may withdraw this consent by discontinuing use of the Services.

23.2 Notices. Notices to you may be sent to the email associated with your account or posted in the App. Notices to Drifty must be sent to driftyteam1@gmail.com and, for formal legal notice, by certified mail to TO BE COMPLETED: registered business address.

23.3 Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, labor dispute, governmental action, internet or telecommunications failure, platform provider action, or power outage.

23.4 Assignment. You may not assign these Terms without our prior written consent. Drifty may assign these Terms in whole or in part in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

23.5 Severability. If any provision is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force.

23.6 No Waiver. No failure or delay in exercising any right constitutes a waiver of that right.

23.7 Relationship. Nothing creates a partnership, joint venture, employment, agency, or fiduciary relationship.

23.8 Entire Agreement. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, and any purchase terms presented at the point of sale, constitute the entire agreement between you and Drifty regarding the Services and supersede all prior agreements and understandings.

23.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms shall not be construed against the drafter.

23.10 Government End Users. The Services are "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. United States Government end users acquire only the rights stated in these Terms.

23.11 Export. You shall comply with all United States and other applicable export control and sanctions laws.

23.12 DMCA. If you believe content on the Services infringes your copyright, send a notice containing the elements required by 17 U.S.C. 512(c)(3) to our designated agent at driftyteam1@gmail.com. We will respond in accordance with the DMCA and may terminate the accounts of repeat infringers.

24. REGION-SPECIFIC TERMS

24.1 European Economic Area, United Kingdom, and Switzerland. If you are a consumer resident in the EEA, the UK, or Switzerland: (a) Section 19 (Arbitration and Class Action Waiver) does not apply to you, and Section 20 does not deprive you of the protection of the mandatory law of your country of residence or of your right to bring proceedings in the courts of that country; (b) you have a statutory right to withdraw from a purchase of digital content within fourteen (14) days, which you expressly waive upon immediate delivery of the digital content by beginning use, acknowledging loss of the withdrawal right; (c) your statutory rights regarding conformity of digital content are unaffected by Sections 17 and 18; and (d) you may access the European Commission's Online Dispute Resolution platform for consumer disputes.

24.2 Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees. Where permitted, our liability for breach of a non-excludable guarantee is limited to resupply of the services or payment of the cost of resupply.

24.3 New Jersey. If you are a New Jersey resident, the provisions of Sections 17, 18, and 22 apply only to the extent permitted by the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and nothing in these Terms is intended to disclaim a liability that may not be disclaimed under New Jersey law.

24.4 Quebec and Other Jurisdictions. Where mandatory local consumer law conflicts with these Terms, that law prevails to the extent of the conflict, and the remainder of these Terms continues to apply.

25. CONTACT

Drifty, Inc.
TO BE COMPLETED: registered business address
General support: driftyteam1@gmail.com
Legal notices: driftyteam1@gmail.com
Privacy: driftyteam1@gmail.com

California residents: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Drifty is a general wellness product. It does not diagnose, treat, cure, or prevent any disease or condition, and it is not a substitute for professional medical advice. If you have concerns about your sleep or breathing, talk to a qualified healthcare provider.