1. Introduction
These Terms of Use (the “Terms”) define conditions of your license to use Smart Sleep Coach by Pampers (the "Service"), including any content, functionality, and services offered on or through Mobile Smart SleepCoach by Pampers App, downloadable via Google Play and Apple Store (the "App"or “Application”). The use the Service is subject to your consent and acceptance of these Terms including any terms and policies incorporated by reference.
Unless otherwise stated in these Terms, the use of Service is subject to the PG global Terms & Conditions available here P&G Terms & Conditions: terms of use of our Sites
2. Service Description
2.1 Smart Sleep Coach by Pampers is a personalized service that provides users with tailored recommendations and strategies to improve sleep patterns and overall sleep quality of the child. The service utilizes data and insights based on user inputs and sleep-tracking information to generate customized sleep plans. By offering expert guidance and actionable advice, Smart Sleep Coach aims to support users in optimizing sleep habits of the child. Users acknowledge that the service is intended to enhance sleep quality and routines, but results may vary, and the service does not guarantee specific outcomes. The Service may share content and links to articles that discuss health and/or sleep related health aspects, however users understand and acknowledge that the Service does not provide any health-related advice.
2.2. The service is offered to you by Procter & Gamble group of companies, including Procter & Gamble Co, USA that determines means and purposes of processing the data you provide while using the Service and its subsidiary P&G Baby Care Digital LLC that manages your access to the Service via managing your subscription (support@smartsleepcoach.com).
2.4. The service is currently availablein English and Spanish languages only.
3. Privacy
3.1 P&G CO, USA is the controller of the information you provide:this may include your personal details and information we get as part of your registration process. It can also include the additional information you may share when updating your details and the entire information contained on your purchase receipts when uploading them. Your data is processed under our PrivacyPolicy which you can find here: https://www.pg.com/privacy
3.2 Your information may be transferred outside the European Union – but it will still enjoy adequate data protection and safeguards. We can also share the information with other P&G entities and third parties we work with.
3.3 You can change your preferences and subscriptions, if any , and exercise your data protection rights by clicking here: http://preferencecenter.pg.com/
3.4 Data protection rights: as explained in our Privacy Policy, you may access, correct, erase, transfer to another provider, object to or restrict our processing of the personal data we have about you, or withdraw your consent. And if you are not happy with our response to your requests, you also have the right to lodge a complaint with the data protection authority in your country.
4. Eligibility and Prerequisites
4.1 You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet these requirements.
4.2 The Service is provided via the Smart Sleep Coach by Pampers App available viaApple App store and Google Play and require a download of the app to your mobile device. The Service is based on paid subscription. Subscription packages of various length can be paid via in-App checkout (operated by Apple or Google depending on the platform you use) or via checkout available on www.smartsleepcoach.com (operated by Paddle). The Service cannot be accessed via website.
4.3 You require the equipment and software necessary to connect to the Service, including – but not limited to – a mobile telephone or other functioning mobile device suitable for this purpose, according to specifications defined at our sole discretion for the use of the Service.
4.4 The use of a mobile device may require monthly payment to a mobile network operator. You must have a subscription with a participating mobile network operator or have another means of accessing a mobile communications network on which the Service is available. You are responsible for paying mobile network usage fees and other fees you owe to third parties (including fees that your mobile network operator may invoice to you) in the context of your access, download of the App and use of the Service.
4.5 P&G disclaims any liability for the receipt of services requested, insofar as the provision of the information depends on the transmission from your mobile network operator.
5. Service and Subscription
5.1 The Service includes the following functionality:
· Personalized 24-hr schedule tool updates in real-time, as your day happens - so you’re always in lockstep with your baby’s sleep needs
· 1-click sleep tracking - makes it easy to log your baby’s sleeps
· Sleepy cue prompts - lets you know when your baby might be getting sleepy
· Sleep insights - see your baby's sleep data at a glance
· Sleep coaching method - personalized for your baby and your family
· Bedtime optimization - helps prevent overtiredness
· Expertly curated custom sleep plans that guide you step-by-step to sleep training success
· Mindset coaching & guided meditations keep you grounded and present throughout the process
5.2 To use the Service the user is required to create an account with a log in and password either within the App or via the Smart sleep coach website (https://www.smartsleepcoach.com) and choose and pay for a service subscription package of desired length. Please keep your password and account info safe! If you suspect or notice any unauthorized activity on your account, please let us know right away at support@smartsleepcoach.com.
5.3 First time users are offered free trial of 7 days, at the end of which you will automatically be charged full amount of the subscription package you have chosen unless you cancel at least 24 hours before the trial ends, unless stated differently by the respective platform you chose to use. First time use is defined by the platform that operates the check out for subscription.
5.4 Your subscription to Smart Sleep Coach by Pampers provides access to all the app’s functionality for the length of the chosen subscription period.
5.5 Subscriptions automatically renew at the end of each billing period (e.g., monthly, annually) unless renewal is canceled at least 24 hours before the renewal date, unless stated differently by the respective platform you chose to use. Once paid subscription cannot be terminated/cancelled before the respective renewal date.
5.6 The renewal charge will be processed through the payment method linked to your account on Apple App Store,Google Play Store, or Paddle.com. If you do not cancel before renewal, you authorize the respective platform to charge your subscription fee for the next billing cycle, unless stated differently by the respective platform you chose to use.If you do not cancel before renewal, you authorize the respective platform to charge your subscription fee for the next billing cycle, unless stated differently by the respective platform you chose to use.
5.7 To be able to use the Service, you will need to answer questions on your baby’s age, goals, environment, patterns and routines as well as your motivation to improve their sleep This info is necessary for us to understand the sleep related problem your child has and details about your child, yourself and your existing habits and routines that allow us to tailor the Service to your needs. Your answers are treated in accordance with our Privacy policy (see above). You will only be able to access the sleep recommendations based on your answers when you choose the respective subscription for the Service. If you choose not to subscribe the information you provided will be deleted or anonymized in our system.
5.8 The accuracy and completeness of information you provide is your responsibility. Inaccurate or incomplete answers might affect effectiveness of the sleep recommendation provided by the Service.
6. User Responsibilities
6.1 You agree not to use the Service for any unlawful or prohibited purpose.
6.2 You have the right to post and, except where stated to the contrary, to electronically copy, download and print on paper parts of the elements of the Service, as long as it is for your personal and non-commercial use. Any other use of the elements of the Service is forbidden without prior written authorization by P&G. The Service is for your personal use only. You are responsible for any use of the Service by yourself and by any persons you have authorized to use and access the Service.
6.3 You may not use the Application to send content requesting money or services.
6.4 You may not use the Application to send content containing viruses, Trojans, worms, malicious software, bots, spy Programmes or any other computer code aimed at damaging, interfering with, or insidiously intercepting or hijacking systems, data or information.
6.5 You may not provide or send on or via the Application any visual elements, text, photos, images, videos, audio sequences or any other material constituting junk mail, spam, advertising, adware, chain letters, pyramid systems and/or commercial offers. You may not send a same given content in a repeated manner during the course of a day or a week.
6.6 You accept to refrain from obscene, indecent or offensive language and to not provide or transmit on or via the Application, any graphical elements, text, photos, images, videos, audio sequences or any material of a defamatory, injurious, intimidating, harassing, racist, hateful or violent nature. You accept to refrain from making ethnic, religious or homophobic insults and/or personal attacks via the Application.
6.7 You accept to refrain from any language of a sexually explicit nature and to not provide or transmit via the Application any graphical elements, text, photos, images, videos, audio sequences or any other material of a sexually explicit nature. You will refrain from 'cyber sex' (in other words any virtual or simulated sexual acts) and you will refrain from inviting other persons to take part in 'cyber sex' on or via the Application.
6.8 You will not provide or transmit via the Application any graphical elements, text, photos, images, videos, audio sequences or any encrypted material that infringes on the privacy of others, that illustrates, mentions or encourages criminal behavior, or that would give rise to liability or that violate local, regional, national, federal or international laws and regulations in any manner(for example regarding the use of narcotics or the consumption of alcoholic beverages by minors). You accept to use the Application solely for legal ends and you recognize that failing that, you may be held liable according to civil and criminal law. You may not provide or transmit on the Application any graphical elements, text, photos, images, videos, audio sequences or any other material than contains instructions on the manufacture or use of weapons and/or explosives.
6.9 You agree to not disturb, overwhelm, attack, modify, dismantle or interfere with the Application and its Programs, equipment and/or associated servers in any manner, and you accept to not impede or interfere with the use of the Application by others.
6.10 You may not obtain unauthorized access to P&G servers by any means, including but not limited to using administrator system passwords or by pretending to be a systems administrator during the use of the Application or otherwise.
7. Billing & Payment Processing
7.1 All payments are handled directly by Apple App Store, Google Play Store, or incase of checkout via Service website - Paddle.com. We do not collect, process, or store any payment details. Transactions, billing details, and payment methods are managed through the platform where you originally subscribed.
7.2 Any updates to your payment method, billing inquiries, or failed transactions should be handled directly with Apple, Google, or Paddle.
7.3 If your payment fails (e.g., due to insufficient funds or an expired card),your subscription may be paused or canceled by the respective platform until the issue is resolved.
8. Subscription Cancellation and Refund
8.1 You can cancel your subscription at any time through the respective platform:
· Apple App Store: Go to Settings > [Your Name] > Subscriptions and select Cancel Subscription.
· Google Play Store: Open Google Play Store > Menu > Subscriptions, select your subscription, and tap Cancel Subscription.
· Paddle.com: Follow the cancellation instructions in your subscription confirmation email or go to https://customer-portal.paddle.com/login/cpl_01j0qwvr29st3xd3p1jpj5ptkn.
· Deleting the appdoes not cancel your subscription. You must cancel through the platform whereyou originally subscribed.
8.2 If you cancel your subscription at least 24 hours before the end of your 7-day trial period, no payment will be charged for your subscription, unless stated differently by the respective platform you chose to use.
8.3 Since all transactions are processed by Apple, Google, or Paddle, any refund requests, charges adjustments, or billing disputes must be raised directly through the respective platform’s support channels: Apple, Google andPaddle who may provide refunds in accordance with their own policies. You may try to reach out to them via the below links or via their respective support portals.
- Apple - https://support.apple.com/en-us/118223
- Google - https://support.google.com/googleplay/answer/2479637?hl=en
- Paddle - https://paddle.net/verify-email
8.3. The respective platforms policies are provided by the platforms when you decide to start a subscription and can be found at the below links. Please note the links to these terms and the terms themselves are handled directly by the platforms and may change at any time, in-accordance with their policies.
- Apple - https://www.apple.com/legal/internet-services/itunes/
- Google - https://play.google.com/about/play-terms/index.html
- Paddle - https://www.paddle.com/legal/checkout-buyer-terms
8.4 Introductory and Promotional Offers
• Special, promotional offers or discounts may be available for a limited time and may include additional terms, provided by the respective platform you choose.
Offers are non-transferable and may be revoked if misused.
9. Changes
9.1 We reserve the right to modify any element of the Service at anytime, and generally our Terms, but we aim to give you a reasonable amount of notice about any change that might affect you.
9.2 The most up-to-date and prevailing version of the Terms is located on the Smart Sleep Coach website and takes precedent over others. Using the Service via continuing to use the mobile application periodically after any change in Our Terms has been published means you accept the changes.
9.3 It is your sole responsibility to update the application downloaded on your mobile device to ensure you have the latest update of Terms and the App, and that you can also receive notifications.
9.4 We reserve the right to change our prices and you will be notified by your respective platform of choice, in-line with their policy. Respective payment platforms have the right to change their refund policies or billing methods. If you do not agree to the new prices, you must cancel your subscription.
10. Termination
We may suspend or terminate your access to the Service if you violate any terms of this Terms. You may terminate your account at any time by following the instructions available through the mobile application to “Delete my account”. Please note that deleting your account or the app does not cancel your subscription. You must cancel through the platform where you originally subscribed.
11. Intellectual Property
11.1 The Application and Service may contain graphical elements, text, photos, images, videos, audio sequences or other materials clearly provided for your use (hereafter the "Active elements"). These Active elements are the subject of regional, national and international protection by copyright and other legal provisions for intellectual property. Nonetheless, we and our licensors grant you the right and the limited and non-exclusive license to use the Active elements solely in the manner described by the Application andServices and in accordance with these Terms and so long as you do not infringe on any copyrights or notice of property rights.
11.2 The Application contains graphical elements, text, photos, images, videos, audio sequences and programs provided by P&G or its licensors that are not clearly defined and provided for your use, including but not limited to the organization, design, compilation, character and feel of the Application as well as the advertising content (hereafter the "Application Content". The Application Content is subject to regional, national and international protection by copyright and other legal provisions for intellectual property and is the property of P&G and its licensors. It is strictly forbidden for you to copy, reproduce, publish, post, rearrange, redistribute, modify, revise, alter, wear, resize, disassemble, move, remove, delete or carry out any other usage or direct or indirect modification of the Application Content including but not limited to the removal or modification of advertising. P&G grants you a limited, non-exclusive, non-transferable and revocable license to download and use the Application Content on a compatible specific mobile device, and solely for your personal and non-commercial use. You will refrain from copying, modifying, executing, transferring, distributing, selling, creating derivatives, utilizing or making available Application Content except for what is provided for in these Terms.
11.3 You do not have authorization to use, for commercial or other ends not explicitly approved, by means of publication, retransmission, distribution, execution, caching, grouping or otherwise, elements obtained via the Application, including but not limited to the Asset elements and the Application Content, except where authorized by copyright law or other legislation, or when explicitly authorized by writing in these Terms, by P&G or by theApplication.
12. Disclaimers and Liability Limitations
12.1 TheService is provided 'as-is' without any warranty of any kind. You use this service at your own risk. We expressly disclaim any explicit or implicit warranty with regards to the application or its content, including any implicit availability, fitness for a particular purpose or non-infringement.
12.2 We disclaim any warranty that the functions contained in the Services will be available without interruption and free from errors, nor that the errors will be corrected, or the Application is free of viruses or other deleterious elements. We do not make any commitment or offer any warranty as to the use or results of the use of the components of the Service in terms of accuracy, precision, reliability, or others. The operation of the Services and Application might be interrupted from time to time for various reasons, for example, in case of lack of network coverage from your mobile network operator, unavailability or when we or your mobile operator carry out periodical maintenance of sites and services.
12.3 You understand and agree that downloading the Application on your mobile device is done at your sole discretion and at your own risk. You are solely liable for any possible damages to your mobile device or possible loss of information resulting from downloading and using the Application and Services.
