Last Updated: September 16, 2026

Welcome to Eight Sleep! We built the Pod to help you sleep better, and these Terms of Service ("Terms") explain how our relationship works when you use any part of the Eight Sleep ecosystem, including our website, app, Pod, and subscription services. Please take a few minutes to read them.

Important Notice Regarding Arbitration and Class Action Waiver

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 10 THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS.

By using any part of the Eight Sleep Services (including the website, mobile application, Pod device, or subscription), you agree to resolve most disputes with Eight Sleep through binding individual arbitration rather than in court before a judge or jury. You also agree to waive your right to participate in class actions, class arbitrations, or representative proceedings. These provisions are described in detail in Section 10 (Dispute Resolution, Arbitration, and Class Action Waiver).

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you do not opt out within that period, you will be bound by these provisions.

If you are located in the European Economic Area or the United Kingdom, the arbitration provision in Section 10 does not apply to you. Disputes involving EEA or UK residents are subject to the courts of your country of residence and applicable mandatory consumer protection laws.

The following sections describe your rights and responsibilities in detail.

1. Agreement to Terms and Eligibility

These Terms are a legally binding agreement between you and Eight Sleep Inc. ("Eight Sleep," "we," "us," or "our"). By accessing or using any part of our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

"Services" means, collectively, the Eight Sleep website (eightsleep.com), the Eight Sleep mobile application (the "App"), the Pod smart sleep system (including the Pod cover, Hub, and Base, collectively the "Pod"), the Autopilot subscription service, customer support, and all related features, content, and functionality we make available. "Products" means all Eight Sleep hardware and physical accessories sold through the Services.

To use the Services, you must meet all of the following eligibility requirements:

• You are at least 16 years of age, or the age of legal majority in your jurisdiction, whichever is greater.
• You have the legal capacity to enter into a binding contract.
• You are not located in a jurisdiction where use of the Services is prohibited by applicable law.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. By continuing to use the Services after any update to these Terms, you accept the updated Terms as described in Section 2.

2. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make changes that we consider material, we will notify you at least 30 days before the changes take effect by sending an email to the address associated with your Account, by posting a notice within the App, or both.

Your continued use of the Services after the 30-day notice period constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you may reject them by emailing support@eightsleep.com before the changes take effect. If you reject a material change, your access to the Services will continue under the prior Terms until the end of your current subscription period, at which point your Account and access will terminate.

For non-material changes (such as corrections of typographical errors or minor clarifications), we may update these Terms without advance notice. The "Last Updated" date at the top of this page will always reflect the most recent revision. We encourage you to review these Terms periodically.

3. Account Registration and Security

To access certain features of the Services, you may need to create an Eight Sleep account ("Account"). When you register, you agree to the following:

• Accurate Information: You must provide truthful, current, and complete information during registration and keep it updated. If we discover that your Account information is inaccurate or outdated, we may suspend or terminate your Account.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials, including your password. We strongly recommend using a unique, strong password and enabling any available multi-factor authentication. You agree to notify us immediately at support@eightsleep.com if you suspect any unauthorized access to or use of your Account.
• One Account Per Person: Each individual may maintain only one Account. Creating multiple Accounts may result in suspension or termination of all associated Accounts.
• Responsibility for Account Activity: You are responsible for all activity that occurs under your Account, whether or not you authorized it. Eight Sleep is not liable for any loss or damage arising from unauthorized use of your Account where you have failed to safeguard your credentials.

You may not share, sell, transfer, or assign your Account to any other person. If you are setting up a Pod for household use, each user should create their own Account to receive personalized insights and recommendations.

If you share a Pod with another person, you may invite them to link their Eight Sleep Account to your Pod so that each user can independently control their side of the bed and track their own sleep data. By sending or accepting a partner invitation, both users consent to mutual sharing of sleep and health data with the linked user through the App, including sleep metrics, biometric data, and temperature preferences. You may unlink your Account at any time through the App settings. For more information, please see our Privacy Policy.

4. The Services and Autopilot Subscription

4.1 The Eight Sleep Ecosystem

The Services include the Pod, the App, the Autopilot subscription, the Eight Sleep website, and all related features and customer support. The Pod requires a Wi-Fi internet connection and the App to operate. Because the Services depend on cloud connectivity, temporary interruptions may occur due to maintenance, third-party service disruptions, or connectivity issues. We work to maintain availability but are not liable for periods of unavailability. We may modify, update, or discontinue features with reasonable notice to you.

4.2 Autopilot Subscription

An active Autopilot subscription is required to access core App features and full Pod functionality, including thermoregulation, biometric tracking, and AI-powered personalization. We offer multiple subscription tiers (Standard, Enhanced, and Elite); current tier details and pricing are available at eightsleep.com. Without an active subscription, the Pod may continue to provide limited basic temperature control, but most features will be unavailable.

4.3 Auto-Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU CANCEL BEFORE YOUR RENEWAL DATE.

4.4 Cancellation

You may cancel your subscription at any time through the App, by emailing support@eightsleep.com, or by calling 888-699-4015. Cancellation takes effect at the end of your current billing period. No prorated refunds are provided for partial billing periods.

4.5 Pricing Changes

We may change subscription pricing with at least 30 days' prior notice via email or in-app notification. If you do not agree to the new pricing, you may cancel before the next renewal date. Continued use after the new pricing takes effect constitutes your acceptance.

4.6 Non-Payment

If payment fails or your Account becomes past due, we may suspend or limit your access to subscription features until payment is resolved.

4.7 Beta and Early Access Features

From time to time, Eight Sleep may offer beta, preview, or early access features ("Beta Features") that are still under development. Beta Features are provided "as is" without warranty of any kind and may contain bugs, errors, or inaccuracies. Eight Sleep may modify or discontinue any Beta Feature at any time without notice. Your use of Beta Features is voluntary, and any feedback you provide about Beta Features is subject to Section 7.4.

4.8 Software and Firmware Updates

The Pod and the App may receive automatic software and firmware updates from time to time. These updates may be downloaded and installed automatically without additional notice to you and may modify or add to the functionality of the Services. Updates may be required for continued use of the Pod, for security purposes, or to comply with applicable regulations. By using the Services, you consent to receiving automatic updates. Eight Sleep is not liable for any temporary disruption in functionality that may occur during or as a result of an update.

5. Purchases, Payment, Returns, and Warranty

5.1 Purchases

All purchases of Products made through eightsleep.com are governed by these Terms. Prices displayed on the website are in the applicable local currency and are subject to change without prior notice. We reserve the right to correct pricing errors at any time, including after an order has been placed. If a pricing error affects your order, we will notify you and give you the option to confirm or cancel.

5.2 Unauthorized Purchases

Any Eight Sleep hardware or accessories purchased from unauthorized resellers, third-party marketplaces, or secondhand sources are not eligible for Eight Sleep's Limited Warranty, customer support, Autopilot subscription activation, software and firmware updates, or participation in Eight Sleep promotions or trade-in programs. Eight Sleep cannot verify the condition, authenticity, or safety of hardware or accessories obtained through unauthorized channels and assumes no responsibility for them. For a list of authorized retailers, visit eightsleep.com.

5.3 Payment Processing

Payments you make to Eight Sleep are processed through third-party payment processors, including Stripe, Affirm, and Klarna. By submitting payment information, you agree to the terms and conditions of the applicable payment processor. Financing options offered through Affirm, Klarna, or other providers are subject to those providers' own terms, credit approval, and eligibility requirements. Eight Sleep is not a party to any financing agreement between you and a third-party lender.

5.4 Taxes

You are responsible for all applicable taxes, duties, and fees associated with your purchase, except where we are legally required to collect and remit such amounts.

5.5 Returns

Purchases of Products are subject to our 30-day Return Policy, available at eightsleep.com/return-policy. That policy is incorporated into these Terms by reference. Please review it before making a purchase.

5.6 Limited Warranty

Products are covered by Eight Sleep's Limited Warranty, available at eightsleep.com/warranty, which is also incorporated into these Terms by reference. The Limited Warranty sets out the scope of coverage, exclusions, and claim procedures. Nothing in these Terms limits any warranty rights you may have under applicable law.

5.7 Gift Purchases

If you purchase a Pod or other Product as a gift, the recipient will need to create their own Eight Sleep Account and agree to these Terms before using the Services. The recipient's Autopilot subscription will begin when they connect and activate the Pod, or 60 days after delivery, whichever is earlier. You, as the purchaser, remain responsible for the purchase price and any applicable return or refund terms. The recipient is not entitled to a refund directly from Eight Sleep for a gift purchase.

5.8 HSA/FSA Eligibility

Certain Products may be eligible for purchase using Health Savings Account (HSA) or Flexible Spending Account (FSA) funds. Eligibility depends on your individual plan and tax situation. Eight Sleep does not provide tax advice and makes no guarantees regarding HSA or FSA eligibility. Please consult your tax advisor or benefits administrator to confirm whether a purchase qualifies under your plan.

6. License to Use the Services and Intellectual Property

6.1 License Grant

Subject to your compliance with these Terms, Eight Sleep grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App, the Eight Sleep website, and any software included with or embedded in the Pod solely for your personal, non-commercial purposes. All software included with or embedded in the Pod is licensed to you, not sold.

6.2 Restrictions

You may not: (a) copy, modify, adapt, or create derivative works of the Services or any software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software; (c) distribute, sublicense, lease, rent, or lend any portion of the Services to any third party; (d) remove or alter any proprietary notices, labels, or marks; (e) use the Services for any commercial purpose without Eight Sleep's prior written consent; (f) use the Services, or any data or output derived from the Services, to develop, train, or improve any product or service that competes with Eight Sleep; (g) systematically download, cache, or store content from the Services other than for your personal use; or (h) use data collected by the Pod or generated by the Services as training data for any machine learning model or artificial intelligence system, except through features Eight Sleep expressly provides for that purpose. Certain open source components included in the software are subject to their respective open source licenses, which will be made available upon request.

6.3 Ownership

Eight Sleep and its licensors retain all right, title, and interest in and to the Services, including all patents, trademarks, copyrights, trade secrets, and other intellectual property rights. "Eight Sleep," "Pod," "Autopilot," and all related names, logos, and marks are trademarks of Eight Sleep. You may not use any Eight Sleep trademarks without our prior written permission.

6.4 DMCA Notices

If you believe content available through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to our designated agent at legal@eightsleep.com. Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

7. Your Content, Data, and AI-Powered Features

7.1 Your Data

You retain ownership of all personal data you provide or that the Services collect through your use of the Pod, including sleep data, biometric data, and health information.

7.2 License to Eight Sleep

By using the Services, you grant Eight Sleep a worldwide, royalty-free, non-exclusive license to use, process, and store your data solely to: (a) provide, maintain, and personalize the Services for you; (b) generate your sleep insights and recommendations; and (c) create de-identified and aggregated datasets for research, analytics, and product development. Eight Sleep does not use your personal data to train third-party large language models or generative AI systems.

7.3 Privacy Policy

For full details on how we collect, use, and protect your data, please review our Privacy Policy at eightsleep.com/privacy-policy, which is incorporated into these Terms by reference.

7.4 Feedback

If you submit suggestions, ideas, or feedback about the Services, you assign to Eight Sleep all rights in that feedback, and Eight Sleep may use it without restriction or compensation to you.

7.5 AI-Powered Features

The Services include AI-powered features such as Autopilot temperature adjustment, personalized sleep insights, health monitoring analytics, and an AI agent. These features rely on algorithms and machine learning models that analyze your data to deliver recommendations and automated adjustments.

7.6 AI Limitations

AI-generated insights and recommendations may contain errors and are not guaranteed to be accurate or complete. All AI-powered features are provided for informational and general wellness purposes only. They do not constitute medical advice and are not a substitute for professional medical care. You should exercise your own independent judgment when acting on any AI-generated content.

8. Health and Wellness Disclaimers and Prohibited Conduct

THE POD AND THE SERVICES ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. Unless and until specific features receive U.S. Food and Drug Administration clearance (at which point separate terms will apply), all data provided through the Services, including heart rate, heart rate variability, respiratory rate, and sleep stage information, is for general wellness and informational purposes only.

Do not disregard professional medical advice, delay seeking medical treatment, or rely on information from the Services for any medical decision. The Services are not designed for use in emergency or life-threatening situations. Individual results vary. Some users may experience skin sensitivities or reactions from prolonged contact with Pod cover materials or other Products; discontinue use and consult a healthcare provider if irritation occurs.

You agree not to engage in any of the following prohibited conduct in connection with the Services:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Interfere with, disrupt, or impose an unreasonable burden on the Services, servers, or networks connected to the Services.
• Scrape, crawl, or use automated means to access or collect data from the Services without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software included in the Services, except as permitted by applicable law.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Transmit viruses, malware, or any other harmful code through the Services.
• Circumvent, disable, or otherwise interfere with any security or access-control features of the Services.
• Use the Services, or any content obtained from the Services, for unauthorized commercial purposes.
• Modify Pod hardware or any other Products except as expressly authorized by Eight Sleep.

9. Third-Party Services, Privacy, and International Users

9.1 Third-Party Services and Integrations

The Services may integrate with or link to third-party platforms, including Apple Health, Google Health Connect, and other health or fitness applications. These third-party services are governed by their own terms of service and privacy policies, and we are not responsible for their content, accuracy, availability, or practices. Any links to third-party websites or services do not constitute an endorsement by Eight Sleep.

9.2 Privacy

Our collection and use of your personal data is governed by our Privacy Policy at eightsleep.com/privacy-policy. If you are a U.S. resident, please also review our Consumer Health Data Privacy Policy at eightsleep.com/legal/consumer-health-data-privacy-policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and agree to the Privacy Policy and, if applicable, our Consumer Health Data Privacy Policy.

9.3 International Users

The Services are operated from the United States. If you access the Services from outside the U.S., you are responsible for compliance with applicable local laws. Data transfers are handled as described in our Privacy Policy.

9.4 EEA and UK Users

If you are located in the European Economic Area or the United Kingdom: (a) the arbitration provision in Section 10 does not apply to you; (b) disputes will be subject to the courts of your country of residence; and (c) mandatory consumer protection laws of your jurisdiction apply to the extent they cannot be waived by contract.

9.5 EEA and UK Consumer Withdrawal Rights

If you are located in the European Economic Area or the United Kingdom and you purchase Products or subscriptions through the Services as a consumer, you may have a statutory right to withdraw from your purchase within 14 days of delivery (for Products) or within 14 days of the date of purchase (for subscriptions), without giving any reason. To exercise this right, you must inform us of your decision by contacting support@eightsleep.com before the withdrawal period expires. For Products, Eight Sleep's 30-day Return Policy provides more favorable terms than the statutory withdrawal period, and you may use either. For subscriptions, if you have expressly consented to the provision of digital content or services and acknowledged that you lose your right of withdrawal once performance begins, the withdrawal right may not apply after performance has started. These rights do not affect any other statutory consumer protections available to you under the laws of your country of residence.

10. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. If you are located in the European Economic Area or the United Kingdom, this Section 10 does not apply to you.

10.1 Informal Resolution First

Before initiating any formal proceeding, you agree to contact us at legal@eightsleep.com and attempt to resolve the dispute informally for at least 60 days.

10.2 Mandatory Binding Arbitration

If informal resolution fails, all disputes arising out of or relating to these Terms, the Products, or the Services will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will be conducted in English, in the county where you reside or remotely at your election. Eight Sleep will pay all AAA filing and arbitration fees for claims under $10,000.

10.3 CLASS ACTION WAIVER

YOU AND EIGHT SLEEP AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

10.4 JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EIGHT SLEEP WAIVE THE RIGHT TO A JURY TRIAL.

10.5 30-Day Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@eightsleep.com within 30 days of first agreeing to these Terms. If you opt out, the remaining Terms continue to apply.

10.6 Exceptions

Either party may bring an individual claim in small claims court if the claim qualifies. Nothing in this Section prevents you from seeking public injunctive relief in court under applicable consumer protection laws.

10.7 Severability

If the class action waiver in Section 10.3 is found unenforceable as to a particular claim, the entire arbitration provision is void for that claim only. If any other part of this Section is found unenforceable, that portion will be severed and the remainder will continue in full force.

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

THE SERVICES (INCLUDING THE POD AND OTHER PRODUCTS, APP, EIGHT SLEEP WEBSITE, AND ALL RELATED SOFTWARE AND CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHT SLEEP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY DATA, INSIGHTS, OR CONTENT PROVIDED THROUGH THE SERVICES.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHT SLEEP'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EIGHT SLEEP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHT SLEEP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF EIGHT SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain types of damages. If you reside in such a jurisdiction, the limitations and exclusions above apply only to the extent permitted by the laws of that jurisdiction. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

12. Indemnification, Termination, and Governing Law

12.1 Indemnification

You agree to indemnify, defend, and hold harmless Eight Sleep and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Services; (b) your violation of these Terms; or (c) your violation of any third-party rights. Eight Sleep will provide you with reasonable notice of any such claim and will cooperate with your defense at your expense.

12.2 Termination by Eight Sleep

We may suspend or terminate your access to the Services, including your Account, in whole or in part, if you violate these Terms, fail to pay amounts owed, engage in fraudulent activity, or as required by law. We will provide notice where reasonably practicable.

12.3 Termination by You

You may terminate your relationship with Eight Sleep at any time by canceling your Autopilot subscription and deleting your Account. Upon termination, you may request a data export as described in our Privacy Policy.

12.4 Effect of Termination

Upon termination, your license to use the Services ends immediately. Sections 6 (License to Use the Services and Intellectual Property), 7 (Your Content, Data, and AI-Powered Features), 8 (Health and Wellness Disclaimers and Prohibited Conduct), 10 (Dispute Resolution, Arbitration, and Class Action Waiver), 11 (Disclaimers and Limitation of Liability), 12 (Indemnification, Termination, and Governing Law), and 13 (General Provisions) of these Terms survive termination.

12.5 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. For California residents: to the extent required by applicable California law, including Cal. Civ. Code Section 1799.208, claims arising in California brought by California residents may be arbitrated under California substantive law. This provision does not expand Eight Sleep's obligations beyond what California law independently requires. For users outside the United States, applicable local mandatory consumer protection laws apply to the extent they cannot be waived by contract.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, Limited Warranty, and Return Policy (each incorporated by reference), constitute the entire agreement between you and Eight Sleep regarding the Services and supersede all prior agreements, understandings, and communications on the same subject matter.

13.2 Severability

If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Eight Sleep.

13.4 Assignment

Eight Sleep may assign or transfer these Terms, in whole or in part, without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

13.5 Force Majeure

Eight Sleep will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including, without limitation, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power or internet failures, or third-party service outages.

13.6 Notices

We may send notices to you via the email address associated with your Account or through in-App notifications. Unless otherwise expressly set forth in these Terms, notices to Eight Sleep hereunder must be sent to legal@eightsleep.com. Notice is deemed given when sent by email or posted in the App.

13.7 Headings

Section headings are included for convenience only and have no legal effect.

13.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple Inc. and Google LLC (and their respective subsidiaries) are intended third-party beneficiaries of Section 13.9 below and may enforce those provisions directly.

13.9 Apple and Google App Store Terms

If you download or use the App through the Apple App Store or Google Play Store, you acknowledge the following: (a) these Terms are between you and Eight Sleep only, not with Apple or Google; (b) Apple and Google have no obligation to provide maintenance, support, or warranty services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, Apple or Google's sole obligation (if any) is limited to a refund of the purchase price of the App, if applicable; (d) Apple and Google are not responsible for addressing any claims by you or any third party relating to the App; and (e) in the event of any third-party intellectual property infringement claim, Apple and Google are not responsible for the investigation, defense, settlement, or discharge of such claim. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable third-party terms when using the App.

13.10 Electronic Agreement

By using the Services, you consent to receiving these Terms and all related notices and communications electronically. You agree that all agreements, notices, disclosures, and other communications that Eight Sleep provides to you electronically satisfy any legal requirement that such communications be in writing. Your electronic acceptance of these Terms constitutes a binding agreement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws governing electronic transactions.

14. Contact Us

We welcome your questions, concerns, and feedback about these Terms or the Services. You can reach us through any of the channels listed below.

• Legal matters (including arbitration opt-out notices, DMCA notices, and legal inquiries) — Email: legal@eightsleep.com
• Customer support (billing, Account, Product, or subscription questions) — Email: support@eightsleep.com
• Customer support (phone) — Phone: 888-699-4015
• Mailing address — Mail: Eight Sleep Inc., 915 Broadway, Ste 1301, New York, NY 10010

When contacting us, please include your full name, the email address associated with your Account, and a clear description of your question or concern so we can assist you promptly.