Terms of Service

1. Acceptance of Terms

Welcome to YOLO Sleep Technology ("Company," "we," "our," or "us"). By accessing or using our website at wearyolo.com (the "Website"), purchasing our products, or using our services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Website or purchase our products.

These Terms constitute a legally binding agreement between you and YOLO Sleep Technology. We reserve the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Website or products after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Product Information and Medical Disclaimers

2.1 FDA Clearance and Intended Use

The SilentRest Pro™ mandibular advancement device is FDA-cleared for the reduction of snoring in adults. It is NOT approved, intended, or marketed for the treatment, diagnosis, cure, mitigation, or prevention of sleep apnea or any other medical condition or disease.

2.2 Not Medical Advice

IMPORTANT: The information provided on this Website, including product descriptions, user testimonials, and educational content, is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment.

ALWAYS seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, sleep disorder, or health concern. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

2.3 Consultation Requirement

If you suspect you have sleep apnea or any other medical condition, you MUST consult with a qualified healthcare professional before using any anti-snoring device. Sleep apnea is a serious medical condition that requires proper diagnosis and treatment by a licensed medical professional.

2.4 Product Suitability and Contraindications

Our products are NOT suitable for everyone. Do NOT use SilentRest Pro™ if you:

• Are under 18 years of age
• Have been diagnosed with central or severe obstructive sleep apnea
• Wear full dentures that are removed during sleep
• Have active orthodontic appliances (braces)
• Have loose teeth, advanced periodontal disease, or TMJ disorders
• Have a history of jaw problems, limited jaw mobility, or chronic jaw pain
• Are unable to breathe through your nose
• Have any contraindicated medical conditions as determined by your healthcare provider

By purchasing and using our product, you represent and warrant that you do not have any of the above conditions and that you have consulted with a healthcare professional if you have any concerns about product suitability.

2.5 Product Accuracy

We strive to provide accurate product information, but we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct it and/or cancel orders placed based on incorrect information.

3. Limitation of Liability and Disclaimers

3.1 AS-IS Basis

THE WEBSITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.

3.2 No Guarantee of Results

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT OUR PRODUCTS WILL:

• Eliminate or reduce your snoring
• Improve your sleep quality or that of your partner
• Prevent, treat, cure, or mitigate any disease or medical condition
• Be suitable for your particular situation or needs
• Be free from defects or errors
• Meet your expectations or achieve any particular result

Individual results may vary significantly. Testimonials and reviews represent individual experiences and are not typical or guaranteed results.

3.3 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOLO SLEEP TECHNOLOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, illness, or death
• Damage to property
• Loss of profits, revenue, data, or use
• Cost of substitute goods or services
• Medical expenses
• Emotional distress or pain and suffering
• Any other damages or losses

WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

4. Indemnification

You agree to indemnify, defend, and hold harmless YOLO Sleep Technology, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your use or misuse of our products
• Your failure to follow product instructions or warnings
• Your failure to consult with a healthcare professional before using our products
• Any personal injury, property damage, or other harm caused by your use of our products
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

This indemnification obligation will survive termination of these Terms and your use of the Website and products.

5. Assumption of Risk

BY PURCHASING AND USING OUR PRODUCTS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You have read and understood all product warnings, instructions, and contraindications
• You are using the product at your own risk
• You accept full responsibility for any and all risks associated with product use
• You have consulted with a healthcare professional if you have any pre-existing medical conditions
• You will immediately discontinue use and seek medical attention if you experience any adverse effects
• You understand that mandibular advancement devices may cause side effects including jaw pain, tooth discomfort, excessive salivation, dry mouth, or changes in bite alignment

6. Purchases, Payment, and Pricing

6.1 Purchase Requirements

To make a purchase, you must be at least 18 years old and have the legal authority to enter into this agreement. By placing an order, you represent and warrant that you meet these requirements.

6.2 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. If we reject your order after payment has been processed, we will refund the full amount.

6.3 Pricing and Taxes

All prices are subject to change without notice. Prices displayed on the Website do not include applicable sales tax, value-added tax (VAT), or other taxes and fees, which will be calculated and added at checkout based on your shipping address. You are responsible for all applicable taxes and fees.

6.4 Payment Processing

We use third-party payment processors (including Stripe) to process payments. By providing payment information, you authorize us and our payment processors to charge your payment method for all fees incurred. You represent and warrant that you have the legal right to use any payment method you provide.

6.5 Payment Security Disclaimer

While we use industry-standard security measures, we cannot guarantee the security of your payment information during transmission over the Internet. You transmit payment information at your own risk. We are not responsible for any unauthorized access to or use of your payment information.

7. Shipping and Delivery

7.1 Shipping Times

We aim to ship orders within 24-48 business hours. However, shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, weather, pandemics, labor strikes, or other events beyond our reasonable control.

7.2 Risk of Loss

Title and risk of loss pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages after they have been delivered to the carrier.

7.3 International Shipping

For international orders, you are responsible for all customs duties, import taxes, and fees imposed by your country. You are also responsible for ensuring that the product is legal to import into your jurisdiction. We are not responsible for packages held, delayed, or seized by customs authorities.

8. Return and Refund Policy

8.1 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee from the date of delivery. If you are not satisfied with your purchase for any reason, you may request a refund within 30 days.

8.2 Refund Process

To request a refund, contact us at support@wearyolo.com with your order number. Upon approval, we will issue a refund for the purchase price (excluding original shipping costs). You are responsible for return shipping costs unless the product is defective or we shipped the wrong item.

8.3 Refund Timing

Refunds will be processed within 5-10 business days after approval. The time it takes for the refund to appear in your account depends on your financial institution.

8.4 Hygiene and Safety

For hygiene and safety reasons, we cannot accept returns of opened or used products unless they are defective. Once opened, all sales are final except for manufacturing defects.

9. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, and software, is the property of YOLO Sleep Technology or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website without our prior written consent, except for your personal, non-commercial use.

10. Prohibited Uses and User Conduct

You agree not to use the Website or products for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website. Prohibited activities include but are not limited to:

• Violating any applicable laws or regulations
• Infringing on our or any third party's intellectual property rights
• Transmitting viruses, malware, or other harmful code
• Attempting to gain unauthorized access to our systems
• Engaging in any form of automated data collection (scraping, bots, etc.)
• Impersonating any person or entity
• Interfering with other users' use of the Website
• Reselling or redistributing our products for commercial purposes without authorization

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

12. Dispute Resolution and Arbitration

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the purchase or use of our products shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.2 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Consumer Arbitration Rules. The arbitration will take place in Ontario, and the arbitrator's decision will be final and binding.

12.3 Class Action Waiver

YOU AND YOLO SLEEP TECHNOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

12.4 Jury Trial Waiver

YOU AND YOLO SLEEP TECHNOLOGY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or the Website shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

To the extent that arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the courts located in Ontario.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and YOLO Sleep Technology concerning your use of the Website and purchase of our products.

16. Contact Information

If you have any questions about these Terms, please contact us at:

YOLO Sleep Technology
Email: support@wearyolo.com