Terms Of Use

1. Acceptance of These Terms

These Terms of Use (“Terms”) govern your access to and use of the Sleep Performance Company website and related services.

The website and services are operated by:

Sleep Performance Medical Corporation, doing business as Sleep Performance Company (“Sleep Performance,” “we,” “us,” or “our”).

By accessing our website, scheduling services, purchasing services, or otherwise using our services, you agree to these Terms.

If you do not agree to these Terms, please do not use the website or services.

Additional agreements may apply to specific services, including:

• Telehealth Consent
• Notice of Privacy Practices
• Financial Policy
• Cancellation and Refund Policy
• Home Sleep Test Equipment Loan Agreement
• third-party platform terms
• other clinical or administrative agreements

Where applicable, those agreements are incorporated into these Terms.

2. About Sleep Performance

Sleep Performance Medical Corporation is a California medical practice operating under the public-facing name Sleep Performance Company.

We provide sleep and performance-related healthcare services, including:

• telehealth medical consultations
• home sleep testing
• standard home sleep testing
• lab-grade home sleep testing
• sleep/performance consultations
• athlete/rest and recovery services
• sleep coaching
• PAP/CPAP management
• prescription-related services when clinically appropriate
• educational content
• wearable-related services when available

Healthcare services are provided by appropriately licensed healthcare professionals acting within the scope of their licenses and applicable law.

3. Geographic Availability

Sleep Performance initially provides healthcare services to patients located in California, including the Rancho Cucamonga area, surrounding communities, and the San Diego area and surrounding communities, subject to applicable licensure and law.

We may expand into additional states in the future.

Healthcare services are available only when Sleep Performance and its healthcare professionals are legally authorized to provide the applicable service in the patient's location.

4. Medical Care and Provider-Patient Relationship

Unlike a general informational website, Sleep Performance is a medical practice and may provide actual healthcare services.

When you are accepted as a patient and receive healthcare services from Sleep Performance, a provider-patient relationship may be established subject to applicable law and the clinical judgment of the treating provider.

Use of the public website alone does not establish a provider-patient relationship.

Submitting a website inquiry, questionnaire, appointment request, or other information also does not guarantee that Sleep Performance will accept you as a patient or provide a particular treatment.

5. No Guarantee of Treatment

Healthcare decisions are individualized.

Nothing on the website guarantees:

• a particular diagnosis
• a particular treatment
• a prescription
• eligibility for a particular test
• eligibility for a particular program
• a specific clinical outcome
• insurance reimbursement
• improvement in sleep or athletic performance

Clinical decisions are made by qualified healthcare professionals based on the information available to them and their professional judgment.

6. Educational Information Is Not a Substitute for Medical Care

The website may contain:

• articles
• educational materials
• sleep information
• performance information
• videos
• graphics
• general health information
• links to external resources

This information is provided for general educational purposes.

It is not intended to replace individualized medical evaluation, diagnosis, or treatment.

You should not delay seeking professional medical care because of information obtained through our website.

7. Emergencies

The website and telehealth services are not intended for medical emergencies.

If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical care.

Do not use email, website forms, text messages, or routine telehealth scheduling as a substitute for emergency medical services.

8. Telehealth Services

Telehealth involves the use of electronic communications and technology to provide healthcare services.

Potential limitations and risks may include:

• technology failures
• internet connectivity problems
• audio/video problems
• delays in communication
• inability to perform certain physical examinations
• incomplete information
• limitations associated with remote diagnosis
• privacy or security incidents
• circumstances requiring an in-person examination

If the clinician determines that telehealth is not appropriate, you may be advised to obtain in-person care.

Additional telehealth consent documentation may be required before receiving telehealth services.

9. Clinical Assessment and PlatoForms

Sleep Performance may use PlatoForms to administer sleep assessments and questionnaires.

These assessments may generate preliminary calculations or assessment results.

Such results are not a diagnosis and are not a substitute for clinical judgment.

A clinician will review relevant information in the clinical workflow before making medical decisions.

The presence of a particular score, result, recommendation, or screening outcome does not guarantee that a clinician will diagnose or treat a particular condition.

10. Tebra

Sleep Performance uses Tebra as its primary clinical and practice-management platform.

Tebra may support:

• appointment scheduling
• patient intake
• medical records
• clinical notes
• telehealth
• billing
• payment
• prescriptions
• clinical communications

You may be required to create or use an account or access a Tebra portal to receive certain services.

Your use of Tebra may also be subject to Tebra's applicable terms and policies.

11. Home Sleep Testing

Sleep Performance may offer home sleep testing as part of its services.

The type of test provided will depend on clinical appropriateness and availability.

Home sleep testing may involve:

• equipment shipment
• patient self-administration
• electronic data collection
• equipment return
• technical review
• clinical interpretation

A home sleep test does not necessarily detect every sleep disorder or replace an in-laboratory sleep study when one is clinically indicated.

12. Standard Home Sleep Test

The current standard home sleep test offering is expected to be priced at $299, subject to change.

The applicable package may include:

• consultation
• home sleep testing
• test review

For certain standard home sleep testing services, the testing equipment may be owned and shipped directly by General Sleep.

Patients may receive separate instructions or terms from General Sleep regarding the equipment.

Issues involving equipment owned or supplied by General Sleep may be handled according to General Sleep's applicable equipment terms.

13. Lab-Grade Home Sleep Testing Equipment

Sleep Performance may provide lab-grade home sleep testing equipment that is owned by Sleep Performance.

Certain equipment may have a replacement value of approximately $15,000.

Because of the value and specialized nature of such equipment, patients may be required to sign a separate Home Sleep Test Equipment Loan Agreement before receiving the equipment.

The Equipment Loan Agreement may address:

• equipment ownership
• permitted use
• care requirements
• security
• return deadlines
• loss
• theft
• negligent damage
• intentional damage
• repair costs
• replacement costs
• failure to return equipment

Patients will not be responsible for ordinary wear and tear or equipment failures not caused by the patient's conduct, subject to the applicable agreement and law.

The separate Equipment Loan Agreement controls if it conflicts with these Terms concerning equipment.

14. Payment

At launch, Sleep Performance expects to provide services on a cash-pay basis.

Payments will generally be processed through Tebra or another payment method designated by Sleep Performance.

Prices may change at any time before purchase, but the price presented to you at the time of purchase will govern that transaction unless otherwise disclosed.

Sleep Performance may introduce insurance billing or insurance-supported services in the future.

No insurance coverage or reimbursement is guaranteed.

15. Cancellation and Rescheduling

Unless a specific service agreement states otherwise, Sleep Performance requests at least 48 hours' notice for cancellation or rescheduling of an appointment.

Late cancellation and no-show policies may result in applicable fees.

Additional rules may apply to home sleep testing and other services.

16. Home Sleep Test Refund Policy

Because home sleep testing may involve equipment preparation, shipping, clinical services, and third-party fulfillment, refunds generally will not be available after a home sleep test kit has been shipped, except where required by applicable law or otherwise expressly approved by Sleep Performance.

Specific refund terms may be provided at the time of purchase.

If equipment is defective, damaged during shipping, or otherwise unusable, patients should promptly contact the appropriate party identified in their test instructions.

17. Prescriptions

Prescription medications may be offered only when clinically appropriate.

A prescription is not guaranteed.

A licensed clinician must independently determine whether a medication is appropriate based on the patient's clinical circumstances.

Sleep Performance may decline to prescribe or refill medication when clinically appropriate or required by law.

18. PAP/CPAP Management

Sleep Performance may provide PAP/CPAP-related services when clinically appropriate.

Services may include:

• PAP evaluation
• treatment review
• compliance review
• troubleshooting
• adjustment recommendations
• ongoing management

Availability of particular equipment, supplies, or services may vary.

19. Sleep Coaching and Performance Services

Sleep coaching and sleep/performance services are intended to support sleep-related goals and behavior change.

They do not guarantee athletic performance, health improvement, or a particular clinical outcome.

Athletes and other performance-focused patients should continue to work with appropriate medical, training, nutrition, and other professionals as appropriate.

20. Wearable Technology

Sleep Performance may introduce wearable-device integration in the future.

If and when wearable integration becomes available, additional terms may apply concerning:

• supported devices
• data accuracy
• third-party platforms
• data synchronization
• device limitations
• clinical interpretation

Wearable data should not be assumed to be medically accurate or diagnostic unless specifically evaluated by an appropriate healthcare professional.

21. Patient Responsibilities

You agree to:

• provide accurate information
• provide complete information relevant to your care
• update information when it changes
• follow clinical instructions
• use equipment only as instructed
• protect equipment provided to you
• return borrowed equipment when required
• maintain the security of account credentials
• not misuse the website
• not impersonate another person
• not interfere with the operation or security of our systems

Providing inaccurate information may affect the ability of a clinician to provide appropriate care.

22. Website Prohibited Uses

You may not use the website to:

• violate applicable law
• interfere with website operations
• introduce malware
• attempt unauthorized access
• scrape or systematically copy website content
• impersonate another person
• misrepresent your identity
• infringe intellectual-property rights
• harass Sleep Performance personnel or other individuals
• interfere with another user's access
• use automated systems to attack or disrupt the website

23. Intellectual Property

The Sleep Performance website and its contents, including:

• text
• logos
• trademarks
• graphics
• photographs
• videos
• educational materials
• software
• design
• organization of content

are owned by Sleep Performance or its licensors and are protected by applicable intellectual-property laws.

The Sleep Performance name, logos, branding, and related marks may not be used without written permission.

24. Third-Party Services

Our services may rely on third-party platforms, including:

• PlatoForms
• Tebra
• General Sleep
• payment processors
• website hosting providers
• analytics providers
• communication providers
• other technology providers

Third-party services may have separate terms and privacy policies.

Sleep Performance is not responsible for services outside our reasonable control, except to the extent required by applicable law.

25. Privacy

Your use of the website is also subject to our Website Privacy Policy.

Our handling of PHI as a healthcare provider is also governed by our Notice of Privacy Practices.

Nothing in these Terms is intended to reduce rights you have under HIPAA or other applicable healthcare privacy laws.

26. Electronic Communications

By using our website or services, you consent to receive electronic communications where permitted by law.

These may include:

• emails
• appointment notices
• administrative communications
• electronic documents
• service communications

Marketing communications are subject to applicable consent requirements and your marketing preferences.

27. Electronic Signatures

You may be asked to electronically sign:

• consents
• agreements
• clinical documents
• financial policies
• equipment agreements
• other documents

Electronic signatures may have the same legal effect as handwritten signatures where permitted by applicable law.

28. Disclaimer of Website Warranties

To the maximum extent permitted by applicable law, the website and general educational content are provided on an “as is” and “as available” basis.

We do not guarantee that:

• the website will always be available
• the website will be error-free
• content will always be current
• third-party links will function
• electronic communications will always be transmitted successfully

This disclaimer does not eliminate obligations that cannot legally be disclaimed.

29. Limitation of Liability

To the maximum extent permitted by applicable law, Sleep Performance will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the website or services, except where such limitation is prohibited by law.

Nothing in these Terms is intended to waive or limit liability that cannot legally be waived or limited, including liability arising from professional negligence or other non-waivable obligations.

30. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your:

• violation of these Terms
• misuse of the website
• unauthorized use of the website
• violation of another person's rights
• fraudulent or unlawful conduct

This provision does not require you to indemnify Sleep Performance for matters that cannot legally be shifted to you.

31. Suspension or Termination

We may suspend or terminate access to website features when reasonably necessary, including if:

• you violate these Terms
• you engage in fraudulent activity
• you threaten the security of our systems
• continued access creates a legal or security risk

Termination of website access does not automatically terminate an established healthcare relationship.

Clinical relationships and treatment may be terminated only in accordance with applicable professional and legal requirements.

32. Changes to These Terms

We may modify these Terms from time to time.

The updated Terms will be posted on the website with a revised effective date.

Material changes may be communicated through additional means where appropriate.

33. Governing Law

These Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law or applicable healthcare law requires otherwise.

34. Dispute Resolution

Sleep Performance's preferred initial approach is to encourage patients and Sleep Performance to attempt to resolve disputes informally by contacting:

• info@sleepperformancecompany.com

Any arbitration, class-action waiver, venue, or court-selection provision should be added only after review by California counsel.

35. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the maximum extent permitted by law.

36. No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

37. Entire Agreement

These Terms, together with the documents expressly incorporated into them, constitute the agreement governing your use of the website and applicable services, except where a separate clinical or service-specific agreement controls.

38. Contact Information

Sleep Performance Medical Corporation d/b/a Sleep Performance Company

12487 Canal Dr Unit 4 Rancho Cucamonga, CA 91739 United States

Email: info@sleepperformancecompany.com

Practice/License Information: [TO BE INSERTED]