1.0 Organa Products

These Terms & Conditions (the “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.organasleepsolutions.ca (the “Website”), or through our application (the “App”) or other delivery methods to you (the Website and such content, products, services and the App are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of ORGANA). Please read these terms and conditions carefully before signing up for any Products from the Website or third-party app stores (e.g. the Apple App Store, Google Play Store, etc.). The terms “Organa”, “us” or “we” refer to Organa Sleep Solutions Inc., its affiliates, subsidiaries, divisions and brands. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the user of the Products. When you order any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. For clarity, by using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Our contact email address is info@organasleepsolutions.com. All correspondence to us, including any queries you may have regarding your use of the Products or these Terms, should be sent to this contact email address.


2.0 Medical Disclaimer

Our Products assist in learning about sleep patterns. We are not a health care or medical provider, and our Products should not be considered medical advice. Only your physician or other health care provider(s) can provide medical advice. While our team has taken steps to ensure the information provided by the Products is accurate and reliable, we make no claims, representations or guarantees that the Products provide a physical, mental or therapeutic benefit. Any health information and links on the Products, whether provided by us or by contract from outside providers, is provided simply for your convenience.

Any advice or other materials in the Products is intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your health care providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials and you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.


3.0 User Information

We may collect and use the information obtained relating to you, including your name, e-mail address and use of the ORGANA application, for our internal business, research and marketing purposes and may, subject to our Privacy Policy, disclose the information to third parties for such purposes.


4.0 Privacy Policy

While your information may be used in accordance with these Terms, we are committed to respecting and protecting your privacy and the confidentiality of your information. For information about our privacy policy, please refer to and read our Privacy Policy at www.organasleepsolutions.ca. This Policy explains how we treat personal information and protect your privacy. By accepting the terms and conditions of these Terms, you agree to our Privacy Policy.


5.0 Intellectual Property

Subject to the Terms, we grant you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. The Products contain or embody copyrighted material, proprietary material or other intellectual property of ORGANA. All rights, title and ownership in the Products remain with us. You agree that you will not and you will not assist or permit any third party to:

  • (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products in any way, or create derivative works of the Products;
  • (b) use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
  • (c) rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
  • (d) tamper with the Products or circumvent any technology used by us to protect any content accessible through the Products;
  • (e) circumvent any territorial restrictions applied to the Products; or
  • (f) use the Products in a way that violates the Terms.

You may not make the Products available to the public. The Products made available (in whole or in part) are owned by us and your use of them must be in accordance with these Terms.

All original content and artwork on the Products is protected by copyright law. You may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of intellectual property rights, including rights granted by copyright law. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Nothing in these Terms constitutes a waiver of ORGANA’s intellectual property rights under applicable law.


6.0 Limitation of Liability

We will use reasonable endeavours to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:

  • (a) faulty operation of Devices during the sign-up process or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);
  • (b) any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us; or
  • (c) any use of websites linked to the Products but operated by third parties.

TO THE FULLEST EXTENT PERMITTED BY LAW, ORGANA AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE PRODUCTS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO ORGANA FOR YOUR USE OF THE PRODUCTS IN QUESTION.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall we be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


7.0 Indemnity

You agree to defend, indemnify, and hold harmless ORGANA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Products or your breach of the Terms.


8.0 General

We may make changes to the Terms from time to time. When these changes are made, a new copy of the Terms will be available at www.organasleepsolutions.com You understand and agree that if you use the Products after the date on which the Terms have changed, your use of the Products shall be construed as acceptance of the updated Terms. If there is any contradiction between these Terms and the updated Terms then the updated Terms shall take precedence in relation to the Products. This English version of the Terms shall supersede in any case of conflict between these terms and any translation thereof.