Last updated: 28/03/2025
1.1 These Terms are issued on behalf of Theta Sleep Ltd. ("Theta Sleep"). When we say "we", "us", "Theta Sleep", or "Theta", we are referring to: Theta Sleep Ltd a company in the UK with the address: Canterbury House, 1 Royal Street, London, England, SE1 7LL. Company number 16087699.
1.2 These Terms and Conditions ("Terms") are a legal Agreement ("Agreement") between Theta and the User effective on the date that these Terms were accepted. The Agreement sets forth the terms pursuant to which the User will be permitted to use Theta Services and the Theta Sleep Application (the "Platform"), a web-based application.
1.3 Theta Sleep is a digital health technology company that provides end-to-end care for sleep disorders through clinical consultations with specialist clinicians via video and/or telephone (the "Service") and through features of the "Platform".
1.4 The Platform provides: patient education, an ability to gather a focused sleep history to be reviewed within the clinical consultation, and a scheduling platform for home sleep studies and appointments.
1.5 By using our Service and the Platform, you agree to these Terms. If you do not follow these Terms, we reserve the right to cancel your account and registration and restrict your use of the Platform and our Services. The Agreement is subject to these Terms which are updated from time to time. We will notify you of such changes by posting the updated Terms on our website and Platform or by other means. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
1.6 You should also read these Terms in conjunction with our Privacy Notice. This describes how we collect, process, and use your information which may include personal data as such term is defined under the UK GDPR.
1.7 For the purpose of these Terms, we have used capitalised definitions as defined in Appendix 1 unless the context requires otherwise. Any capitalised definition not defined has the meaning given to it in the Terms below.
1.8 If you would like to contact us about any of these terms, please do so by emailing hello@thetasleep.com
2.1 By using our Services you confirm you are over the age of 18 and are legally able to enter into an Agreement with us. We do not provide services to anyone under the age of 18. If you are under the age of 18, you may not access our Services.
2.2 Use of our service is restricted to residents and citizens of the United Kingdom ("UK") only. You acknowledge that your ongoing use of the Services must be within the UK, and that you will notify us if you are no longer resident in the UK.
2.3 You warrant that you are the owner of the device to which you have accessed our Platform and Services from, or that you have obtained permission from the owner of that device. You accept responsibility in accordance with these terms of the use of our Platform on any device, whether that device is owned by you. You also agree that we shall have no liability for the access of any of your information that's accessible from our Platform in the event that your device is shared, or you otherwise make it accessible to another party.
3.1 Theta Sleep offers its Services online, enabling you to connect via video and/or telephone to a Theta Sleep Clinician. We provide specialist clinical Sleep Medicine care.
3.2 The Service uses Doctors who are registered with the GMC (General Medical Council) and are therefore bound by their guidelines.
3.3 During your appointment(s), a Theta Sleep Clinician may give you information, a suspected diagnosis, a recommendation, prescribe a non-drug therapy such as CPAP (Continuous Positive Airways Pressure), make a referral to someone else, or signpost you to other relevant services.
3.4 When you sign up to our Service via the Platform, or are referred to our Service via your GP or other healthcare provider, you become a patient of Theta Sleep. We are then responsible for providing you clinical Sleep Medicine care.
3.5 We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time.
3.5 All Theta Sleep Clinicians undergo external appraisals in accordance with standard practice for health professionals. They receive training and are monitored and reviewed internally by the Theta Sleep clinical leadership team.
3.6 Theta Sleep Clinicians are covered by specific medical indemnity insurance appropriate for the care being delivered as part of our Service.
3.7 The information and guidance provided by Theta Sleep Clinicians during your appointment is based on the details you have shared with us. It is your responsibility to ensure that this information is accurate and complete. You acknowledge that any failure to do so, whether intentional or not, could impact the advice and recommendations given by the Medical Practitioner, and we cannot be held responsible for any consequences arising from this.
3.8 In the case that you do not fully understand the information given to you during your interactions with the Service and the Platform, it is your responsibility to raise this during your appointment and the Theta Sleep Clinician will seek to clarify matters for you.
3.9 You can access our Services in three ways:
3.10 The costs of accessing our Services are outlined in section 5 Fees and payments
3.11 Through use of the Platform, you will provide us with a date on which you would like to complete your home sleep study.
3.12 Our home sleep studies are provided by third parties. Theta Sleep has no liability for the quality or type of service or goods provided by any third party.
3.13 Once we receive the result of your sleep study from a third party, we will contact you via the Platform, email, or telephone, to schedule your appointment with a Theta Sleep Clinician. The appointment will occur via phone or video conference. Your appointment will be confirmed and we will send an email confirming the appointment details to your registered email address.
3.14 We may send your reminders about your appointment time and date via the Platform, email, text, or telephone.
3.15 It is your responsibility to be available to speak with the Theta Sleep Clinician at the time of the appointment, and to ensure the following:
3.16 The Theta Sleep Clinician will conduct an identity check at the start of the appointment and reserves the right to deny access to anyone who cannot confirm their identity.
3.17 At the Theta Sleep Clinician's discretion and as required, they may contact you via the Platform, email, text, telephone, post, or other means prior, during, and after your appointment
3.18 Other members of the Theta Sleep team, such as administrative staff, may contact you at any time via the Platform, email, text, telephone, post, or other means to facilitate the delivery of Sleep Medicine care.
3.19 The Theta Sleep Clinician may deem it clinically appropriate to initiate a treatment for any suspected or confirmed sleep disorder.
3.20 You may cancel an appointment at any time up to 48 hours before the scheduled start time A full refund with be made for any payments made..
3.21 If you cancel within 12 hours of the appointment or after it has started, we reserve the right to deny Service. No refund will be issued, except in the case of exceptional circumstances, for example in the case of a medical emergency.
3.22 You may reschedule your appointment up to 48 hours before the scheduled start time. To reschedule please contact the Theta Sleep support team.
3.23 If you are more than 10 minutes late for your appointment, the Theta Sleep Clinician reserves the right to either cancel or proceed with the appointment. In the case of cancellation, no refund will be issued and you may be required to rebook. For either cancellation or continuation, we reserve the right to restrict future bookings or decline further Service.
3.24 If you fail to attend an appointment, we reserve the right to charge you for the appointment unless you missed it due to technical reasons as described in clause 3.26 or due to exceptional circumstances.
3.25 To cancel or amend your appointment, please contact the Theta Sleep support team.
3.26 If you are unable to attend your appointment due to the Platform being unavailable due to a technical fault caused by us, we may offer a refund. It is your responsibility to ensure that your equipment (computer, laptop, tablet, or other mobile device) meets the necessary technical specifications to access and use the Platform and Service. This includes using an operating system that is currently supported by its developer, and a fully updated version of a modern web browser. If your equipment does not meet these specifications, you will not be entitled to a refund.
3.28 We strongly recommend sharing your medical information with your regular GP. If you have been referred through the NHS, we will have your GP details on record. If you self-refer or are referred by your insurer we may need to collect your GP details from you. We will not share information with your GP if you request us not to, unless there is a risk of harm or an overriding public interest in disclosing the information without your consent. This complies with applicable laws and the General Medical Council's guidance, which may change from time to time.
3.29 As explained in our Privacy Notice, we take all reasonable steps to ensure that the personal data we hold about you is accurate and not misleading. However, we rely on you to provide correct data and to keep it updated, including information regarding your current registered GP.
3.30 To the extent permitted by applicable law, Theta is not responsible for and does not accept any liability arising from incorrect data entered by you, or if your clinical notes are sent to the wrong GP as a result of you providing incorrect data that we reasonably relied upon as accurate.
3.32 Where requested or as outlined in clause 3.28, we will make every reasonable effort to share your medical notes with your GP. However, if your GP refuses to accept your notes for any reason, we will notify you, and you may need to share your notes directly. Theta will not be liable for any losses incurred by you or any third party (such as a family member) due to a GP's refusal to accept or process the medical notes we hold about you.
4.1 In using the Services, you acknowledge that the Platform may contain minor bugs or errors. The Theta platform is provided on an “as-is” basis, and while we aim to ensure its reliability, there may be temporary disruptions or updates as we work to improve its functionality and user experience.
4.2 You are responsible for making all arrangements necessary for you to have access to the Platform including but not limited to an internet connection and a device that meets the technical specifications to enable you to utilise the Platform.
4.3 Any medical information/education given on the Platform, whether written, stated, or implied, is for information purposes only. It does not constitute medical advice. The information is provided "as is" without warranty of any kind by Theta Sleep.
4.4 Performance statistics and user/patient feedback cited on the website are based on Theta Sleep reporting in-house or third-party services and are subject to change without notice.
4.5 By using the Platform and Service, you agree that any information you provide is truthful, accurate, not misleading, and provided in good faith.
4.6 You are only authorized to access the Platform and use the Service for personal and private use. You agree not to use the Service for any commercial, business, or resale purposes.
4.7 By agreeing to these Terms and registering on the Platform, you consent to receive important Service messages via email and/or text message, which will include crucial information regarding your appointments, the Platform, and the Services.
4.8 If you wish to use any content on the Platform in a manner other than outlined in our Acceptable Use Policy (clause 14), you must contact us.
4.9 The Platform and website may contain links to third-party websites, services, and resources for your reference. These links are provided for convenience and informational purposes only. We do not endorse or make representations about them, or any material found there. We have no control over the content of those websites or resources and accept no responsibility for your use of them.
4.10 If the Platform uses third parties to provide the Services or portions of the Services on our behalf, you may provide personal data to these third parties and be subject to their terms and privacy policies. We will inform you if this applies in these Terms or our Privacy Notice. Theta Sleep is not responsible for the terms and policies of any third parties.
4.11 We may periodically update the Platform and modify the content and Services offered through it to reflect changes in relevant laws, regulatory requirements, or to implement minor technical adjustments and improvements, such as addressing security threats. These updates will not impact your use of the Service. We will notify you in advance if any changes to the Service are made that could adversely affect you.
4.12 While we take every precaution to prevent errors or omissions through strict performance, security, and quality controls, we cannot guarantee that the Platform, or any content on it, will be entirely free of errors or omissions.
4.13 Any feedback you provide on the Platform may be used by Theta Sleep to enhance the quality of our Service.
4.14 Your account and password
4.14.1 When you register on the Platform, your email address will serve as your username, you will create a password or configure an alternative means of authentication, and may receive additional information as part of our security measures. You must keep this information confidential and not disclose it to any third party.
4.14.2 We reserve the right to disable any username or password at any time if, in our reasonable judgment, you have failed to comply with any of the provisions of these Terms.
4.14.3 If you suspect that anyone other than yourself knows your password, you must promptly change it and notify us immediately.
5.1 In the case of self-payments, the price of sleep studies and appointments will be quoted on the Platform and on our Website. Prices include any applicable taxes which might apply and are liable to change at any time.
5.2 Unless otherwise indicated, all fees and other charges are in GBP, and payments shall be in GBP currency.
5.2 Some payments are processed through a third-party provider. This provider securely handles the payment transaction, including processing your payment information and facilitating the transfer of funds. We are not responsible for the actions or any issues that may arise with the third-party payment provider and cannot accept any liability related to payment processing, including transaction errors or delays.
5.3 Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third‐party for any modification, price change, suspension or discontinuance of the Service.
6.1 Any information (including personal data) you provide to Theta Sleep will be treated with confidentiality and processed solely for the purpose of delivering the Services or as outlined in this section and our Privacy Notice. Please take the time to review these documents, as they contain important terms that apply to you and are incorporated into these Terms.
6.2 As detailed in our Privacy Notice, Theta Sleep acts as the Data Controller of your personal data for the purposes of Data Protection Laws. The legal bases for processing your data are outlined in our Privacy Notice.
6.3 We will record your appointment for clinical governance purposes and to maintain a record of your consultation. These recordings are considered confidential and are stored in compliance with applicable laws, as well as our internal policies and procedures, for as long as necessary.
6.4 As outlined in section 3.28, Theta Sleep will send appointment notes to the GP practice listed in your patient record.
6.5 If you believe there is an error in your patient record made by the Theta Sleep Clinician, we may be able to correct it, subject to our Privacy Notice and relevant Data Protection Laws. However, please note that a Theta Sleep Clinician's clinical opinion, based on the information provided at the time of the appointment, will not be considered incorrect data and cannot be amended.
7.1 The content of the Platform and website are part of the intellectual property of Theta Sleep. You may not use any trademarks or content without the prior written permission of Theta Sleep Ltd.
7.2 The Services and the Platform contain logos, software, computer code, images, audio files, videos, text, icons, graphics, information, and other content (collectively, "Theta Content"). All Theta Content, and the way it is assembled, collected, arranged, and delivered, are the property of Theta and its licensors, and are protected by copyright, trademark, and other proprietary and intellectual property laws.
7.3 Theta Sleep grants you a limited, personal, non-transferable, non-sublicensable, worldwide, and non-exclusive licence to use the Platform and the Theta Content solely for the purpose of receiving the Services and only in accordance with these Terms and Conditions. This licence can be revoked at any time at our sole discretion, with or without cause, and without notice.
7.4 You shall not (and shall not permit any third party to), except as expressly permitted by applicable law, copy, modify, frame, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the Platform or any Theta Content.
7.5 You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in, or otherwise transfer any rights in the Theta Platform or Theta Content, in whole or in part. You must preserve all copyright and/or other intellectual property notices or watermarks included in the Theta Content.
7.6 Nothing in these terms grants you a licence to use any Theta trademarks. You understand and agree that by using the Service, you do not acquire any right, title, or interest in or to any Theta Content or the Theta Sleep App.
8.1 Each Party affirms that it has validly entered into these Terms and possesses the legal authority to do so.
8.2 We strive to offer all Users the highest quality through our Services. While we aim to deliver an excellent experience when using the Platform and our Services, there are certain things we cannot guarantee. We make efforts to ensure the Platform and Service is available, but it may be temporarily inaccessible for various reasons.
8.3 The Platform and Services are provided "as is," without any warranties, conditions, or other terms of any kind (except those required by applicable law that cannot be excluded by contract), and are used by you at your own risk. You acknowledge that Theta does not warrant that the services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software. Therefore, to the fullest extent permitted by law, we offer the Platform and Services on the understanding that we exclude all representations, warranties, conditions, and other terms that would otherwise apply to the Platform and Services, unless expressly stated in these terms.
8.4 The content of the Platform or website may change, be updated or suspended. Therefore, we are unable to give you, and we exclude, all representations and warranties as to the accuracy and completeness of the information published on our Platform or website. Nor can we guarantee that the material is up to date or that every Service and product will be available at all times, or indeed that the Platform and Service itself will not be discontinued in the future.
8.5 We cannot be held liable and you will not be entitled to any type of compensation or other payment if the Platform or website is discontinued, if any content is inaccurate, or if any of our Services are changed. If you aren't happy with the Platform or website, their content, or their availability, your sole right and remedy is to stop using the Platform and website.
8.6 Nothing in these terms will exclude or limit your liability or our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any indemnity you have agreed to provide under these terms. Subject to this, We will not be liable in contract, tort (including negligence), for pre-contract representations, or otherwise arising out of or in connection with these terms for:
8.6.1 Subject to the above, our total liability to you for all events or series of connected events under these terms (whether arising from breach of contract, negligence, or otherwise) will be limited to the total amount you have paid for the Platform and Services in the six months immediately preceding the date of the first event giving rise to the claim. Nothing in these terms excludes any statutory rights that cannot be waived, restricted, or altered by contract.
8.7 Theta Sleep has no liability for the quality or type of service or goods provided by any third party it may mention, or which may be linked on the Platform.
9.1 Theta Sleep will not be held liable to the Customer under this agreement if it is unable to perform its obligations or is delayed in doing so due to circumstances beyond its reasonable control. This includes, but is not limited to, strikes, lock-outs, or other industrial disputes (whether involving Theta Sleep's workforce or others), failure of utility services, transport or telecommunications networks, acts of God, war, riots, civil unrest, malicious damage, compliance with any law or government order, rule, regulation, or direction, accidents, equipment breakdowns, fires, floods, storms, pandemics, or the non-performance of suppliers or subcontractors. Theta Sleep will notify the Customer of any such event.
9.2 If the situation or circumstances referred to above occur and we are not able to meet our obligations towards you, these obligations will be suspended for as long as the impediment persists. In the event of failure to meet any obligations to you as a result of these circumstances outside of our control, we are not obliged to pay compensation for any damages caused.
10.1 You agree to indemnify and hold harmless Theta, its affiliates, and its and their officers, directors, agents, and employees from any losses, damages, costs, expenses (including reasonable legal fees), or other liabilities arising from any claim, demand, allegation, or legal action brought by a third party due to or resulting from your breach of these terms or applicable law; your misuse of the Services; your violation of intellectual property rights or other third-party rights; and/or your failure to provide accurate and up-to-date information.
11.1 We may terminate your access to the Platform and our Services (or any part of them) and these terms at our discretion if we have valid reason to believe you have violated these terms. We may also modify or discontinue, either temporarily or permanently, the Services, or any portion of them, or your access to them, at our sole discretion. We will, where possible, notify you of such modifications or discontinuations. You agree that Theta Sleep will not be liable to you or any third party for any modifications or discontinuations of the Services.
11.2 You may stop using the Platform or Services (or any part of them) at any time and for any reason. Upon termination of these terms for any reason you will stop being a patient of Theta Sleep and:
11.3 We will continue to store your data securely, in accordance with our Privacy Notice and Data Protection Laws.
12.1 If any provision or part of this agreement is found to be invalid, illegal, or unenforceable, it will be treated as removed, but this will not affect the validity or enforceability of the remaining provisions of the agreement.
12.2 If any provision or part of a provision is removed under Clause 12.2, a replacement provision will be agreed that, as much as possible, reflects the intended outcome of the original provision.
13.1 These terms, and the relationship between you and Theta Sleep, will be governed by the laws of England and Wales, regardless of any conflict of law principles in other jurisdictions. Both you and Theta Sleep agree to submit to the exclusive jurisdiction of the English courts, except that Theta Sleep may seek injunctive relief in any jurisdiction to protect its rights under these terms.
13.3 Any failure or delay by Theta Sleep in exercising or enforcing any right or provision of these terms will not be considered a waiver of that right or provision. If any provision of these terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should, to the extent possible, give effect to the parties' original intentions as reflected in that provision. The remaining provisions of these terms will continue in full force and effect.
13.4 You agree that these terms constitute the complete understanding between you and Theta Sleep regarding your relationship with Theta Sleep. These terms replace any prior agreements between you and Theta Sleep, including any previous versions of these terms.
13.5 If you have a concern, we aim to address it without resorting to a formal legal case. Before pursuing a claim against us, you agree to attempt to resolve the dispute informally by contacting hello@thetasleep.com. We will make an effort to resolve the issue informally. If the dispute remains unresolved within 15 days of submission, either you or we may initiate formal proceedings.
13.6 You may not assign this Agreement. Theta may assign this Agreement without consent to any successor (including a successor by way of merger, acquisition, sale of assets, or operation of law).
13.7 Theta may utilise a subcontractor or other third party to perform its duties under this Agreement so long as Theta remains responsible for all of its obligations under this Agreement.
14.1 The Platform and website are the property of Theta Sleep and you have no right to modify, reproduce, copy, or otherwise exploit it or any portion of it and any unauthorised use will automatically terminate your right to use it.
14.2 You will use reasonable efforts to prevent any unauthorised use of the Platform and immediately notify Theta in writing of any unauthorised use that comes to your attention. If there is unauthorised use by anyone who obtained access to the Platform directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorised use. You will cooperate and assist with any actions taken by Theta to prevent or terminate unauthorised use of the Platform.
14.3 If you provide any feedback to Theta concerning the functionality and performance of the Platform (including identifying potential errors and improvements), you hereby assign to Theta all rights, titles, and interest in and to the feedback, and Theta is free to use the feedback without payment or restriction.
14.4 You are prohibited from posting or transmitting any material through the Platform that:
Theta Sleep reserves the right to remove any material posted or transmitted through the Services that violates these terms or for any other reason at our discretion.
14.5 You shall not: