GAAPHOENIX LLC
TERMS OF SERVICE
For Viewers and Subscribers of the OnlySleep Platform
Effective Date: June 1, 2025
IMPORTANT NOTICE: This document is a legal template drafted for informational purposes. It must be reviewed and finalized by a licensed attorney before use. gaaphoenix LLC accepts no liability for reliance on this template without legal counsel.
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") govern your access to and use of the OnlySleep platform operated by gaaphoenix LLC ("Company," "We," "Us"). By creating an account or using the Platform, you agree to these Terms in full. If you do not agree, do not use the Platform.
We reserve the right to modify these Terms at any time. Continued use of the Platform after notification of changes constitutes acceptance of the revised Terms.
2. ELIGIBILITY
You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that you meet this requirement. We reserve the right to verify your age at any time and to terminate accounts that fail verification.
The Platform is not available in jurisdictions where its use would be prohibited by applicable law. You are responsible for ensuring your use of the Platform complies with local laws.
3. ACCOUNT REGISTRATION
3.1 Account Creation
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials. You may not share your account with others.
3.2 Account Security
You are responsible for all activity that occurs under your account. Notify us immediately at legal@onlysleep.com if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized access due to your failure to safeguard credentials.
4. SUBSCRIPTION AND PAYMENTS
4.1 Subscription Plans
Access to Creator content requires a paid subscription. Available plans, pricing, and features are displayed on the Platform and may change with 30 days notice to existing subscribers.
4.2 Billing
Subscriptions are billed on a recurring monthly basis. By subscribing, you authorize the Company to charge your payment method on a recurring basis until you cancel. All prices are in USD unless otherwise stated.
4.3 Virtual Gifts and Tips
The Platform may offer virtual gifts or tip functionality. Purchases of virtual goods are final and non-refundable unless required by applicable law. Virtual goods have no cash value and cannot be redeemed for real currency.
4.4 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused subscription periods.
4.5 Refund Policy
Subscription payments are generally non-refundable. Exceptions may be made at the Company's sole discretion for billing errors or technical failures preventing Platform access. Contact legal@onlysleep.com for refund requests.
5. ACCEPTABLE USE
5.1 Permitted Use
The Platform is provided for your personal, non-commercial use only. You may view, enjoy, and interact with Creator content in accordance with these Terms.
5.2 Prohibited Conduct
You agree not to:
Record, download, screenshot, or redistribute any Creator content without express written permission
Harass, threaten, or abuse any Creator or other Platform user
Attempt to identify the real identity of Creators who operate under pseudonyms
Use automated tools, bots, or scripts to access the Platform
Circumvent any access controls, payment systems, or security features
Share your account credentials with others or allow unauthorized access
Engage in any fraudulent, deceptive, or illegal activity on the Platform
Attempt to reverse engineer, decompile, or extract source code from the Platform
6. CONTENT AND INTELLECTUAL PROPERTY
All Sleep Content on the Platform is owned by the respective Creators and licensed to the Company. Your subscription grants you a limited, personal, non-transferable right to view content for personal enjoyment only. No rights of ownership are transferred to you.
The OnlySleep name, logo, and Platform design are trademarks and intellectual property of the Company. You may not use them without prior written permission.
7. CREATOR INTERACTIONS
Any communication with Creators through Platform-provided channels must be respectful and lawful. The Company reserves the right to monitor, review, and remove messages that violate these Terms. Do not solicit Creators to interact with you outside of the Platform.
8. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAAPHOENIX LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.
10. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, losses, or damages arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.
11. TERMINATION
We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to access the Platform ceases immediately. Unused subscription time is non-refundable unless required by law.
12. GOVERNING LAW
These Terms are governed by the laws of the State of New Mexico, United States. Any disputes shall be resolved by binding arbitration in Albuquerque, New Mexico, under the American Arbitration Association rules. You waive any right to participate in class action proceedings.
13. CONTACT
For questions regarding these Terms, contact us at: legal@onlysleep.com
gaaphoenix LLC, 1209 Mountain Road PL NE Ste N, Albuquerque, NM 87110, United States