Terms of service

Effective Date: [1/1/2025]

Welcome to SleepWhale LLC. These Terms & Conditions ("Terms") govern your use of our website, products, and services. By accessing or purchasing from Sleepwhale LLC, you agree to these Terms. If you do not agree, please do not use our services.

1. Eligibility

To use our Services, you represent and warrant that:

  • You are at least eighteen (18) years of age.

  • You have the legal authority to enter into a binding agreement.

  • Any information you provide to us is truthful, accurate, current, and complete.

  • You will maintain and promptly update your information as necessary.

  • Your use of the Services complies with all applicable federal, state, and local laws and regulations.

Our Services are intended solely for customers located within the United States. We reserve the right to restrict, refuse, suspend, or terminate access to the Services from any location, jurisdiction, or individual at our sole discretion.

2. Privacy Policy and Additional Policies

These Terms incorporate by reference our Privacy Policy, Refund Policy, Shipping Policy, and any other policies, notices, or guidelines that we publish in connection with the Services.

Certain products, promotions, subscriptions, or features may also be subject to additional terms or conditions. In the event of a conflict between these Terms and any specific policy or promotion, the more specific terms will control with respect to that subject matter.

By using our Services, you acknowledge that you have reviewed the policies applicable to your use of the Services.

3. Electronic Communications

When you use our Services, create an account, make a purchase, or communicate with SleepWhale electronically, you consent to receive communications from us electronically.

These communications may include, without limitation:

  • order confirmations;

  • receipts;

  • shipping updates;

  • subscription notifications;

  • renewal reminders;

  • customer support communications;

  • security alerts;

  • account notices;

  • legal notices; and

  • other communications relating to your relationship with SleepWhale.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

You further agree that selecting buttons such as "Purchase," "Subscribe," "Continue," "I Agree," "Place Order," or similar acknowledgements constitutes your electronic signature and has the same legal effect as a handwritten signature to the fullest extent permitted by applicable law.

4. Medical Disclaimer

SleepWhale is a wellness company. We do not provide medical care, medical advice, medical diagnoses, treatment, psychological counseling, pharmaceutical services, or healthcare services of any kind.

The information made available through the Services—including product descriptions, educational content, blog articles, emails, social media content, customer support communications, quizzes, calculators, automated recommendations, chatbot responses, and all other content—is provided solely for informational purposes.

Nothing contained within the Services is intended to diagnose, treat, cure, prevent, or manage any disease or medical condition, nor should it be considered a substitute for professional medical advice.

Always consult your physician or another qualified healthcare professional before using any dietary supplement or wellness product, particularly if you:

  • are pregnant or nursing;

  • have a medical condition;

  • take prescription or over-the-counter medications;

  • have known allergies or sensitivities;

  • are under medical supervision; or

  • have questions regarding possible interactions or adverse effects.

Never disregard professional medical advice or delay seeking medical treatment because of information obtained through our Services.

If you believe you are experiencing a medical emergency, immediately contact your physician or call 911.

Your reliance on any information provided through the Services is solely at your own risk.

5. FDA Disclosure

Unless expressly stated otherwise, statements regarding our Products have not been evaluated by the United States Food and Drug Administration.

Our Products are not intended to diagnose, treat, cure, or prevent any disease.

Individual experiences and results vary. SleepWhale makes no guarantee that any customer will experience any particular outcome, benefit, or result from the use of any Product or Service.

6. Supplement Use and Assumption of Risk

By purchasing or using any Product offered by SleepWhale, you acknowledge and agree that:

  • dietary supplements may affect individuals differently;

  • no supplement is appropriate for every individual;

  • individual results cannot be guaranteed;

  • it is your responsibility to review all ingredient lists, serving directions, warnings, and product labeling before use;

  • you will not exceed recommended serving sizes unless directed by a qualified healthcare professional;

  • you will discontinue use and seek appropriate medical advice if you experience an adverse reaction; and

  • you voluntarily assume all risks associated with your purchase and use of our Products to the fullest extent permitted by law.

You further acknowledge that SleepWhale shall not be responsible for adverse outcomes resulting from, including but not limited to:

  • misuse of Products;

  • failure to follow directions;

  • use contrary to product labeling;

  • improper storage;

  • use after expiration;

  • combining Products with medications, alcohol, controlled substances, or other supplements without appropriate medical guidance;

  • failure to review ingredient lists for allergens or sensitivities; or

  • use by individuals for whom a Product may not be appropriate.

7. Artificial Intelligence and Automated Services

Certain portions of our Services may utilize artificial intelligence, machine learning, automated recommendation engines, chat functionality, quizzes, or similar technologies designed to improve your customer experience.

These tools are provided solely for informational and customer service purposes.

Any recommendations, responses, or information generated through automated systems:

  • do not constitute medical advice;

  • do not create warranties;

  • do not modify these Terms;

  • do not establish any contractual obligation beyond these Terms; and

  • should not be relied upon as a substitute for professional judgment or individualized healthcare advice.

SleepWhale makes no representation that any automated recommendation is appropriate for your particular circumstances.

8. User Accounts

Certain features of the Services may require you to establish a customer account.

You agree to:

  • provide complete and accurate registration information;

  • maintain current account information;

  • safeguard your username and password;

  • maintain the confidentiality of your account credentials; and

  • immediately notify SleepWhale of any unauthorized access to or use of your account.

You are solely responsible for all activity occurring under your account, regardless of whether such activity was authorized by you.

SleepWhale reserves the right, at any time and without prior notice, to suspend, restrict, or terminate any account that we reasonably believe:

  • violates these Terms;

  • has been compromised;

  • is being used fraudulently;

  • presents a security risk;

  • interferes with the operation of the Services; or

  • otherwise poses a legal, operational, or reputational risk to SleepWhale or its customers.

 

9. Contact Information

If you have questions regarding these Terms, you may contact us at:

SleepWhale LLC
1267 Willis St., Suite 200
Redding, CA 96001

Email: hello@sleepwhale.com

10. Products

SleepWhale offers dietary supplements, wellness products, consumable products, accessories, subscriptions, digital content, educational materials, and other products or services we may offer from time to time (collectively, the "Products").

We reserve the right, at any time and without prior notice, to:

  • introduce, modify, or discontinue any Product;

  • change formulas, ingredients, serving sizes, packaging, labeling, branding, pricing, specifications, manufacturers, or suppliers;

  • limit quantities available for purchase;

  • restrict sales to any individual or geographic region where permitted by law; and

  • correct any errors, inaccuracies, or omissions relating to Product information.

Product images, descriptions, ingredient lists, pricing, and availability are provided for informational purposes only and may change without notice. Actual Products may differ slightly from those displayed on the Services.

11. Orders

Submitting an order constitutes an offer to purchase Products from SleepWhale. All orders are subject to our review and acceptance.

We reserve the right to refuse, limit, delay, or cancel any order for any lawful reason, including where we reasonably believe an order:

  • contains inaccurate or incomplete information;

  • involves suspected fraud or unauthorized payment activity;

  • abuses promotional offers or discounts;

  • is intended for resale or commercial distribution;

  • cannot be fulfilled due to inventory limitations; or

  • otherwise presents a legal, financial, operational, or reputational risk to SleepWhale.

An order confirmation or payment authorization does not constitute acceptance of your order. If we cancel an order after payment has been processed, we will refund the amount collected using your original payment method.

12. Pricing and Availability

Unless otherwise indicated, all prices are listed in U.S. Dollars.

We reserve the right to modify, at any time and without prior notice:

  • Product prices;

  • subscription pricing;

  • promotional offers;

  • shipping charges;

  • Product availability; and

  • other information displayed through the Services.

Although we strive for accuracy, pricing or Product information may occasionally contain errors. We reserve the right to correct any error and cancel or refuse any affected order. If payment has already been collected, we will issue an appropriate refund.

13. Subscription Services

Certain Products are offered on a recurring subscription basis.

When a Product is identified on the product page, shopping cart, checkout page, order summary, or other point of purchase as shipping or delivering on a recurring schedule (including, without limitation, every 30, 60, 90, 120 days, or any other interval displayed during checkout), your purchase constitutes enrollment in a recurring subscription.

By completing a subscription purchase, you expressly acknowledge and agree that:

  • your subscription will automatically renew until canceled;

  • Sleepwhale is authorized to charge the payment method used for your original purchase for each recurring order at the applicable delivery interval;

  • each recurring charge may include the then-current Product price, applicable taxes, shipping charges, and any other disclosed fees;

  • recurring orders will continue until you cancel your subscription in accordance with these Terms; and

  • you are responsible for maintaining a valid payment method and current billing information.

Subscription Management

We believe subscriptions should be flexible. Subject to applicable processing deadlines, you may manage your subscription at any time through your customer portal. Depending on the options available for your subscription, you may:

  • change your delivery frequency;

  • modify your next shipment date;

  • change Products;

  • update quantities;

  • skip an upcoming shipment;

  • pause or resume your subscription; or

  • cancel future recurring orders.

There is no minimum purchase commitment unless expressly stated in connection with a specific promotion or offer.

Subscription Processing and Cancellation

Recurring subscription orders are automatically submitted for fulfillment shortly after they are billed. Once an order has been billed and entered our fulfillment process, it cannot be modified, canceled, or recalled.

If you wish to cancel or modify your subscription before your next recurring order is processed, you must:

  • make the change through your customer portal before your next scheduled billing date; or

  • contact us at hello@sleepwhale.com at least one (1) business day before your next scheduled billing date.

While we will make reasonable efforts to accommodate cancellation or modification requests submitted by email, we cannot guarantee that requests received less than one (1) business day before your next scheduled billing date—or after your recurring order has been billed—can be processed before fulfillment begins.

Any cancellation or modification request received after an order has entered fulfillment will apply only to future recurring orders.

If we are unable to successfully process payment for a recurring order, we may:

  • retry the payment;

  • request an updated payment method;

  • delay shipment;

  • suspend future subscription orders; or

  • cancel your subscription.

Sleepwhale reserves the right to modify, suspend, or discontinue subscription offerings, subscription pricing, subscription benefits, delivery frequencies, eligibility requirements, or other subscription features at any time. Any such changes will apply prospectively and will not affect orders that have already been processed.

14. Billing Authorization

By providing a payment method, you represent and warrant that you are authorized to use it.

You authorize SleepWhale and its payment processors to:

  • charge your payment method for purchases, subscriptions, taxes, shipping charges, and other applicable fees;

  • process recurring subscription charges until canceled;

  • verify payment information;

  • obtain updated payment credentials where available; and

  • retry declined or failed transactions where permitted by law.

You are responsible for maintaining current billing and contact information.

If payment cannot be successfully processed, we may:

  • delay fulfillment;

  • suspend future subscription shipments;

  • retry the transaction;

  • request an alternative payment method; or

  • cancel your order or subscription.

SleepWhale is not responsible for overdraft fees, insufficient funds fees, foreign transaction fees, or other charges imposed by your financial institution.

15. Promotions and Discounts

From time to time, SleepWhale may offer promotional pricing, discount codes, introductory offers, referral incentives, complimentary gifts, or other promotional programs.

Unless expressly stated otherwise:

  • promotions have no cash value;

  • promotions may not be combined;

  • promotions are non-transferable;

  • promotions may be limited to one redemption per customer, household, payment method, or shipping address; and

  • promotions may be modified or discontinued at any time.

If we reasonably believe that a promotion has been obtained or used through fraud, abuse, multiple accounts, automated purchasing, resale activity, or other improper conduct, we reserve the right to:

  • cancel affected orders;

  • revoke promotional pricing;

  • terminate the associated account;

  • deny future promotional eligibility; and

  • pursue any other remedies available under applicable law.

16. Shipping and Delivery

SleepWhale currently ships Products to customers located within the United States.

Delivery estimates are provided for convenience only and are not guaranteed. Delivery times may vary due to carrier delays, weather, holidays, supply chain disruptions, incorrect shipping information, or other circumstances beyond our reasonable control.

You are responsible for providing a complete and accurate shipping address. SleepWhale is not responsible for delays, additional shipping charges, lost packages, or undeliverable shipments resulting from inaccurate or incomplete shipping information provided by you.

Once an order has been transferred to the shipping carrier, title to the Products and the risk of loss pass to you, except where otherwise required by applicable law.

If an order is refused, returned as undeliverable, or otherwise returned to SleepWhale due to circumstances outside of our control, we reserve the right to charge applicable reshipping fees or otherwise handle the order in accordance with our Refund Policy.

17. Returns and Refunds

Customer satisfaction is important to us.

Our return and refund practices are governed exclusively by our Refund Policy, which is incorporated into these Terms by reference.

Before requesting a return or refund, please review our Refund Policy for eligibility requirements, applicable deadlines, and return procedures.

Nothing contained in these Terms expands or modifies the rights provided under our Refund Policy unless expressly stated otherwise.

18. Customer Support

If you have questions about your order, subscription, or Products, we encourage you to contact SleepWhale before initiating a payment dispute or chargeback.

Our Customer Experience team is often able to quickly resolve concerns involving:

  • damaged shipments;

  • incorrect orders;

  • missing items;

  • shipping delays;

  • subscription changes; or

  • general Product questions.

Nothing in this Section limits any rights you may have under applicable law.

19. Fraud Prevention

To protect our customers and our business, SleepWhale actively monitors orders and accounts for suspected fraud, abuse, and unauthorized activity.

Where permitted by applicable law, we reserve the right to:

  • request identity or payment verification;

  • delay or refuse fulfillment of an order;

  • limit purchasing quantities;

  • restrict promotional eligibility;

  • suspend or terminate customer accounts;

  • refuse future purchases; and

  • take any other action reasonably necessary to prevent fraud or protect the Services.

Our exercise of these rights is intended to protect both our customers and SleepWhale from fraudulent or unauthorized activity.

20. Chargebacks and Payment Disputes

If you believe an error has occurred with your order, we ask that you contact Sleepwhale before initiating a chargeback or payment dispute. In many cases, we can resolve the issue more quickly and efficiently through our Customer Experience team.

Nothing in these Terms limits your legal right to dispute unauthorized charges with your financial institution.

However, if we reasonably believe that a chargeback or payment dispute has been initiated fraudulently, abusively, or in bad faith, we reserve the right, to the fullest extent permitted by applicable law, to:

  • dispute the chargeback with supporting documentation;

  • suspend or terminate your account;

  • revoke promotional pricing, credits, or loyalty benefits;

  • refuse future purchases; and

  • pursue any other remedies available under applicable law.

Repeated chargebacks or fraudulent payment activity may result in the permanent restriction of your ability to purchase Products from SleepWhale.

21. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You may not:

  • violate any applicable law or regulation;

  • infringe upon the rights of any person or entity;

  • interfere with the operation or security of the Services;

  • introduce viruses, malware, or other malicious code;

  • access or attempt to access accounts, systems, or networks without authorization;

  • scrape, harvest, crawl, or collect information from the Services through automated means;

  • impersonate another individual or entity;

  • submit false or misleading information;

  • engage in fraudulent purchasing activity; or

  • use the Services in any manner that could damage, disable, overburden, or impair our website or infrastructure.

We reserve the right to investigate suspected violations of these Terms and suspend or terminate access to the Services where we reasonably believe a violation has occurred.

22. Intellectual Property

The Services, including all text, graphics, photographs, videos, logos, trademarks, product names, branding, software, website designs, educational content, written materials, and other content made available by SleepWhale, are owned by or licensed to SleepWhale and are protected by United States and international intellectual property laws.

Subject to these Terms, SleepWhale grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your personal, non-commercial use.

Except as expressly permitted by these Terms or applicable law, you may not:

  • copy, reproduce, distribute, modify, publish, or publicly display any portion of the Services;

  • create derivative works based upon the Services;

  • reverse engineer, decompile, or otherwise attempt to extract source code from the Services;

  • use any SleepWhale trademarks, logos, branding, or copyrighted materials without our prior written consent;

  • scrape or systematically collect content from the Services; or

  • use any portion of the Services or their content to train artificial intelligence models, machine learning systems, or similar technologies without our prior written permission.

All rights not expressly granted to you are reserved by SleepWhale.

23. User Content, Reviews, and Testimonials

We welcome your feedback regarding our Products and Services.

If you submit or otherwise provide any reviews, testimonials, comments, suggestions, ideas, photographs, videos, social media posts, direct messages, emails, survey responses, or other content (collectively, "User Content"), you grant Sleepwhale a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, publish, translate, distribute, display, create derivative works from, and otherwise use such User Content for any lawful purpose, including advertising, marketing, product development, research, customer education, and promotional activities.

You represent and warrant that:

  • you own or otherwise have all necessary rights to submit the User Content;

  • your User Content does not infringe upon the rights of any third party;

  • your User Content is truthful and not intentionally misleading; and

  • our use of your User Content as permitted by these Terms will not violate any applicable law or the rights of any person or entity.

Sleepwhale has no obligation to publish, maintain, or respond to any User Content and may remove or decline to use any User Content at our sole discretion.

24. Third-Party Services and Links

The Services may contain links to third-party websites, products, applications, payment processors, social media platforms, or other services that are not owned or controlled by Sleepwhale.

These third-party services are provided solely for your convenience.

Sleepwhale does not endorse, control, monitor, or assume responsibility for any third-party website, content, policies, products, or services. Your use of any third-party service is governed exclusively by that third party's terms and privacy practices.

Sleepwhale shall not be responsible for any loss or damage arising from your use of any third-party website or service.

25. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SLEEPWHALE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, SLEEPWHHALE DOES NOT WARRANT THAT:

  • THE SERVICES WILL ALWAYS BE AVAILABLE;

  • ANY PRODUCT WILL PRODUCE A PARTICULAR RESULT;

  • THE SERVICES WILL OPERATE WITHOUT INTERRUPTION;

  • DEFECTS WILL BE CORRECTED;

  • PRODUCT INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT; OR

  • THE SERVICES WILL MEET YOUR PARTICULAR EXPECTATIONS OR REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, CERTAIN DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

26. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SLEEPWHALE, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SLEEPWHALE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE GREATER OF:

  • ONE HUNDRED U.S. DOLLARS (US $100); OR

  • THE TOTAL AMOUNT PAID BY YOU TO SLEEPWHALE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

27. Indemnification

You agree to defend, indemnify, and hold harmless Sleepwhale and its affiliates, officers, directors, members, managers, employees, agents, licensors, suppliers, contractors, successors, and assigns from and against any claims, liabilities, damages, judgments, losses, costs, expenses, and reasonable attorneys' fees arising out of or relating to:

  • your violation of these Terms;

  • your misuse of the Services or Products;

  • your violation of any applicable law;

  • your infringement of any third-party rights; or

  • any content or information submitted by you through the Services.

Sleepwhale reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of such matter.

28. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small claims court or claims seeking injunctive relief relating to intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Products shall be resolved exclusively through final and binding arbitration governed by the Federal Arbitration Act.

The arbitration shall be administered by JAMS in accordance with its applicable rules then in effect.

Unless otherwise required by applicable law, the arbitration shall take place in Orange County, California, or, at the election of either party where permitted by the applicable arbitration rules, by video conference or through the submission of written materials.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.

Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property, confidential information, or other proprietary rights pending completion of arbitration.

29. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SLEEPWHALE AGREE THAT ANY CLAIM SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION.

THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION, WHILE THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

30. Governing Law

These Terms and any dispute arising out of or relating to the Services or Products shall be governed by the laws of the State of California, without regard to its conflict of law principles, except to the extent preempted by the Federal Arbitration Act.

31. Force Majeure

Sleepwhale shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, severe weather, acts of God, war, terrorism, labor disputes, pandemics, governmental actions, supply chain disruptions, transportation interruptions, utility failures, cyberattacks, or failures of third-party service providers.

32. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

33. Entire Agreement

These Terms, together with any policies incorporated by reference, constitute the entire agreement between you and Sleepwhale regarding the Services and supersede all prior or contemporaneous communications, understandings, and agreements relating to the same subject matter.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

35. Contact Information

If you have any questions regarding these Terms or the Services, please contact us:

SleepWhale LLC
1267 Willis St., Suite 200
Redding, CA 96001

Email: hello@sleepwhale.com