Privileged and Confidential Draft

SleepNavigator

Terms and Conditions

Effective Date: MAY 11, 2026

These Terms and Conditions (“Terms”) form an agreement (“Agreement”) between you (“you” and

“your”) and SleepNavigator ("SleepNavigator,” “we,” or “us”).

If you are entering into this Agreement on behalf of an entity or organization, you represent and warrant

to SleepNavigator that you are authorized to bind that entity or organization to this Agreement, and all

references in this Agreement to “you” will include that entity or organization.

SleepNavigator provides this website, including all related web pages and documentation (collectively,

the"Website"). SleepNavigator is willing to allow you to access and use the Website if you agree to be

bound by this Agreement.

This Agreement will form a binding legal agreement between you and SleepNavigator as of the date you

first accept this Agreement, including electronically, or any earlier date on which you access or use the

Website (“Effective Date”). You and SleepNavigator are each a party to this Agreement and together are

the parties to this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT

BETWEEN YOU AND SLEEPNAVIGATOR. BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOU

HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.

BY ENTERING INTO THIS AGREEMENT, YOU MAY BE WAIVING CERTAIN RIGHTS. IN PARTICULAR, THIS

AGREEMENT CONTAINS PROVISIONS PROVIDING FOR MANDATORY BINDING ARBITRATION AND WAIVER

OF JURY TRIALS (IN THE SECTION BELOW TITLED "DISPUTE RESOLUTION"), WHICH LIMIT YOUR RIGHTS TO

BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND OTHER PROVISIONS

THAT LIMIT OUR LIABILITY TO YOU.

ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN

INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE

ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

1 DEFINITIONS

Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this

Agreement, have their plain English meaning as commonly interpreted in the United States.

2 SCOPE

This Agreement governs your access to and use of the Website. Unless otherwise specified in this

Agreement, all access to and use of the Website by you or on your behalf is subject to this Agreement.

This Agreement is the complete and exclusive understanding and agreement between the parties, and

supersedes any oral or written proposal, agreement or other communication between you and

SleepNavigator, regarding your access to and use of the Website.

3 THIRD PARTY LINKS AND CONTENT

The Website may provide you with access or links to websites, content, or services provided by third

parties (“Third Party Content") that are not under the control of SleepNavigator. SleepNavigator does

not operate, control, or endorse any Third-Party Content and is not responsible for any Third-Party

Content. Third Party Content is provided for your convenience, and you assume sole responsibility for

your use of any Third-Party Content. Your use of any Third-Party Content is subject to any additional

terms and conditions applicable to that Third Party Content (“Third Party Terms”). Any Third Party Terms

shall control only as to your use of the Third Party Content covered by those Third-Party Terms and the

terms of this Agreement will continue to control in all other respects with respect to the Website.

4 MODIFICATIONS TO THIS AGREEMENT

SleepNavigator may, in its sole discretion, modify this Agreement from time to time. SleepNavigator will

use commercially reasonable efforts to provide notice of any material modifications to this Agreement.

Notice may be provided to you directly or through the Website. Unless we make a change to this

Agreement for legal or administrative reasons, any modification to this Agreement will be effective 5 days

following posting of the modified version of this Agreement to the Website. Your continued access to the

Website following that date constitutes your acceptance of, and agreement to be bound by, any modified

Agreement. Except for the foregoing, this Agreement may be amended or modified only by a writing

signed by both parties.

5 TERM

This Agreement is effective as of the Effective Date and will continue until terminated as set forth herein.

6 OWNERSHIP

SleepNavigator retains all right, title and interest, including all intellectual property rights, in and to the

Website and all content thereon, as well as all software, databases, hardware, and other technology used

by or on behalf of SleepNavigator to operate the Website (“Technology”), and any additions,

improvements, updates and modifications thereto (collectively, "SleepNavigator Property”). You receive

no ownership interest in or to the SleepNavigator Property and you are not granted any right or license

to use the SleepNavigator Property itself, apart from your ability to access the Website under this

Agreement. The SleepNavigator name, lSleepNavigator,oduct and service names associated with the

Website are trademarks of SleepNavigator and its licensors and providers and you are granted no right or

license to use them.

7 FEEDBACK

Any comments, feedback, suggestions, and other communications regarding the Website (“Feedback”)

are entirely voluntary. We will be free to use any Feedback you may provide as we see fit for any purpose

and without any notice, payment, or other obligation to you. All use of any Feedback will be at our sole

discretion.

8 TERMINATION

This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice

to the other party as permitted under this Agreement. Upon termination of this Agreement for any

reason: (1) all rights granted to you under this Agreement will terminate; (2) you will immediately cease

all use of and access to the Website; and (3) you will return to SleepNavigator or (if so notified by

SleepNavigator) destroy, all confidential information of SleepNavigator in your possession or control. The

following Sections will survive termination of this Agreement for any reason: Sections 1 (Definitions), 6

(Ownership), 7 (Feedback), 8 (Termination), 9 (Representations and Warranties), 10 (No Professional

Advice), 11 (No Additional Warranties), 12 (Indemnity), 13 (Limitations of Liability), 14 (Dispute

Resolution), 15 (Choice of Law, Jurisdiction and Venue), 16 (Waivers of Collective Action and Jury Trial),

17 (Statute of Limitations), 19 (Privacy), 20 (General), and 21 (Notices).

9 REPRESENTATIONS AND WARRANTIES

You represent and warrant to SleepNavigator that: (1) you have the legal right and authority to enter into

this Agreement and, if you are entering this Agreement on behalf of an entity or organization, to bind that

entity or organization to the terms of this Agreement; (2) this Agreement forms a binding legal obligation

on your behalf; (3) you have the legal right and authority to perform your obligations under this

Agreement and to grant the rights and licenses described in this Agreement; and (4) your use of and access

to the Website will comply with all applicable laws, rules, and regulations and will not cause

SleepNavigator to violate any applicable laws, rules, or regulations.

10 NO PROFESSIONAL ADVICE

THE WEBSITE DOES NOT PROVIDE MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE AND IS NOT

INTENDED TO BE A SUBSTITUTE FOR LEGAL OR OTHER PROFESSIONAL ADVICE OR RECOMMENDATIONS.

ALL INFORMATION MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES

OR GENERAL GUIDANCE ONLY. YOUR USE OF THE WEBSITE AND ANY INTERACTIONS YOU MAY HAVE WITH

SLEEPNAVIGATOR OR ANY THIRD PARTY THROUGH THE WEBSITE DO NOT CREATE A LEGAL OR OTHER

PROFESSIONAL RELATIONSHIP AND DO NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE

DESCRIBED IN THE SLEEPNAVIGATOR PRIVACY POLICY. YOU SHOULD ALWAYS SEEK THE ADVICE OF A

LICENSED LEGAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INDIVIDUAL

NEEDS OR SITUATION. NEVER DISREGARD LEGAL OR OTHER PROFESSIONAL ADVICE (OR REFRAIN FROM

SEEKING IT) BECAUSE OF ANY INFORMATION YOU HAVE OBTAINED THROUGH THE WEBSITE. NEITHER

SLEEPNAVIGATOR NOR ANY THIRD PARTY RECOMMENDS OR ENDORSES ANY SPECIFIC PRODUCTS,

PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE INCLUDED ON THE WEBSITE. YOUR

RELIANCE ON ANY INFORMATION APPEARING ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.

11 NO ADDITIONAL WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE,

INCLUDING ANY INFORMATION OR MATERIALS THEREON. THE WEBSITE AND ALL OF ITS CONTENT ARE

PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SLEEPNAVIGATOR AND ITS PROVIDERS DO NOT

WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY

INFORMATION ON THE WEBSITE AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE

EXPRESSED THEREIN. WE CANNOT AND DO NOT REPRESENT THAT THE WEBSITE WILL OPERATE ERROR-

FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE WEBSITE IS FREE OF COMPUTER

VIRUSES, MALWARE, OR OTHER HARMFUL MECHANISMS, OR OTHERWISE MEET YOUR REQUIREMENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE

OPERATION OF THE WEBSITE OR ANY INFORMATION OR MATERIALS THEREON. TO THE FULLEST EXTENT

PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR

IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY

OTHER WAY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE

MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY,

COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE. WE DO NOT ENDORSE ANY

OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE WEBSITE, AND SUCH STATEMENTS DO NOT

IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF

THE WEBSITE IS AT YOUR SOLE RISK.

NOTHING IN THIS AGREEMENT WILL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS

A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED

BY APPLICABLE LAW. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE

HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU

AGREED TO THIS AGREEMENT AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO

THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE

CALIFORNIA CIVIL CODE, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR

HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO

RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL

LIABILITY TO YOU EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). NOTHING IN THIS CLAUSE

WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

12 INDEMNITY

You hereby agree to indemnify, defend, and hold harmless SleepNavigator and its officers, directors,

affiliates, employees, agents, contractors, assigns, customers, providers, licensees, and successors in

interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and

costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from

any claim or allegation against any Indemnified Party arising in any manner from: (1) your access to or use

of the Website; (2) any information or materials you provide through the Website; and (3) your breach of

any representation, warranty, or other provision of this Agreement. SleepNavigator will provide you with

notice of any such claim or allegation, and SleepNavigator will have the right to participate in the defense

of any such claim.

13 LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SLEEPNAVIGATOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,

SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS,

DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO

YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF

OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING

ANY INFORMATION OR MATERIALS THEREON.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY

KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,

PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS

OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT

LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SLEEPNAVIGATOR

OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF

SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE

FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH

CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT

OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS

($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE

LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.

ACCORDINGLY, SOME OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY

NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

14 DISPUTE RESOLUTION

Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or

claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect,

interpretation, performance, breach or termination of this Agreement and the arbitrability of the issues

submitted to arbitration hereunder (each, a “Dispute”), in accordance with the procedures set forth in

this Section.

If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from

one party to the other of the Dispute, then at the request of either party such Dispute will be finally settled

through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in

effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as

specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by

agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30

days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral

arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the

English language at a site specified by SleepNavigator. The award of the arbitrator will be the exclusive

remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the

arbitrator. The award of the arbitrator will require payment of the costs, fees and expenses incurred by

the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may

be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or

expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

15 CHOICE OF LAW, JURISDICTION AND VENUE

This Agreement and the interpretation of the rights and obligations of the parties under this Agreement,

including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be

governed exclusively by and construed in accordance with the federal laws of the United States of America

and the laws of the State of Delaware, excluding conflict of laws provisions that would indicate the

application of the laws of any other jurisdiction.

EACH PARTY WILL BRING ANY LEGAL ACTION OR PROCEEDING RELATING TO ANY DISPUTE OR OTHERWISE

ARISING FROM THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE, ONLY IN A STATE OR

FEDERAL COURT LOCATED IN SHREVEPORT, LOUISIANA, U.S.A. YOU AND WE IRREVOCABLY AGREE TO

CONSENT AND SUBMIT TO THE JURISDICTION AND VENUE OF SUCH COURTS.

You expressly waive any claim of improper venue and any claim that such courts are an inconvenient

forum.

16 WAIVERS OF COLLECTIVE ACTION AND JURY TRIAL

YOU AGREE THAT YOU WILL PURSUE ANY CLAIM OR LAWSUIT RELATED TO ANY DISPUTE OR OTHERWISE

ARISING FROM OR IN ANY WAY RELATING TO THIS AGREEMENT, THE WEBSITE, OR YOUR USE THEREOF

AS AN INDIVIDUAL, AND WILL NOT LEAD, JOIN, OR SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS

OR GROUP OF PERSONS BRINGING SUCH A CLAIM OR LAWSUIT.

THE PARTIES DESIRE TO AVOID THE TIME AND EXPENSE RELATING TO A JURY TRIAL OF ANY DISPUTE.

ACCORDINGLY, THE PARTIES, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE

TRIAL BY JURY OF ANY DISPUTE. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER IS KNOWINGLY, FREELY,

AND VOLUNTARILY GIVEN, IS DESIRED BY BOTH PARTIES AND IS IN THE BEST INTERESTS OF BOTH PARTIES.

17 STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of

or related to use of the Website or this Agreement must be filed within one (1) year after such claim or

cause of action arose or be forever barred to the extent permitted by applicable law.

18 FORCE MAJEURE

SleepNavigator will not be responsible for failure or delay in the performance of any obligation under this

Agreement to the extent such failure or delay is due to acts of God or governmental authority, war,

terrorism, strikes, boycotts, quarantine, pandemic, labor disputes, fire or other loss of facilities, accident,

or any other event beyond its control. SleepNavigator will use commercially reasonable efforts to notify

you of any such event.

19 PRIVACY

While the SleepNavigator Privacy Policy is not part of this Agreement, you consent to the use and

disclosure of your personally identifiable information and other data and information as described in the

SleepNavigator Privacy Policy.

20 GENERAL

Words and phrases used in this Agreement have the definition given in this Agreement or, if not defined

herein, have their plain English meaning as commonly interpreted in the United States. As used in this

Agreement, the term “including” means “including, but not limited to.” Section headings are for reference

purposes only. Our failure at any time to require performance of any provision of this Agreement or to

exercise any right provided for herein will not be deemed a waiver of such provision or such right. All

waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains

an express statement to the contrary, no waiver of any breach of any provision of this Agreement or of

any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such

provision, a waiver of the provision itself, or a waiver of any right under this Agreement. If any provision

of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such

invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and

the court will substitute for such provision a valid and enforceable provision that most closely

approximates the intent and economic effect of such provision. The remaining provisions of this

Agreement will remain in full force and effect. The parties hereto are independent parties, not agents,

employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability

to bind or enter into any obligation on behalf of the other. You may not assign this Agreement or any of

your rights or obligations under this Agreement, whether through operation of law or otherwise, without

the prior written approval of SleepNavigator. Any assignment in violation of the foregoing will be null and

void. SleepNavigator may assign this Agreement to any party that assumes SleepNavigator's obligations

hereunder. We may freely assign this Agreement. No term of this Agreement will be construed to confer

any third-party beneficiary rights on any non-party. Each and every right and remedy hereunder is

cumulative with each and every other right and remedy herein or in any other agreement between the

parties or under applicable Law. This Agreement may be amended only as set forth herein.

21 NOTICES

Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will

be provided to SleepNavigator by postal mail to the address for SleepNavigator listed on the Website.

SleepNavigator may provide you with any notices required or allowed under this Agreement by sending

you an email to any email address you provide to SleepNavigator, provided that in the case of any notice

applicable to all users of the Website, SleepNavigator may instead provide such notice by posting the

notice on the Website. Notices provided to SleepNavigator will be deemed given when actually received

by SleepNavigator. Notice provided to you will be deemed given 24 hours after posting to the Website or

sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

22 CONTACT US

If you have any questions or concerns regarding this Agreement or the Website, please contact us using

the information provided below:

Email: PRIVACY@SLEEPNAVIGATOR.COM