The agreement between us.

1. About These Terms.

1.1 Who we are.

These Terms of Service (these “Terms”) are between Off to Sleep Strong LLC, a Connecticut limited liability company (“OTSS,” “we,” “us”), and you. Our registered address is 1 Fado Lane, Cos Cob, CT 06807. Our contact for these Terms is hello@offtosleepstrong.com.

1.2 What these Terms cover.

These Terms govern your use of our website at offtosleepstrong.com (including any subdomains and the member content hub), and your membership in the Off to Sleep Strong community (together, the “Service”). The community itself is hosted on Circle (community.offtosleepstrong.com), operated by Circle.so, Inc.; Circle's own terms apply to you as a Circle user in addition to these Terms.

1.3 Your acceptance.

By creating an account or by clicking to agree to these Terms, you agree to these Terms and to our Privacy Policy at offtosleepstrong.com/privacy. If you do not agree, do not use the Service.

1.4 Changes.

We may update these Terms from time to time. If we make material changes, we will notify active members by email at the address on file and by notice on the Service, at least ten (10) days before the change takes effect, and we will ask you to re-accept the updated Terms on your next sign-in. Continued use after the effective date of the updated Terms is your acceptance of them. The current version is always available at offtosleepstrong.com/terms with the version date.

2. Eligibility.

2.1 Age.

You must be at least 18 years old to create an account and to use the Service.

2.2 Residency.

The Service is intended for residents of the United States. If you access the Service from outside the United States, you do so at your own initiative and you consent to transfer of your data to the United States for processing, subject to our Privacy Policy.

2.3 Accuracy.

You agree to provide accurate, current, and complete information at signup and to keep your account information accurate. You are responsible for activity that occurs under your account and for keeping your credentials confidential.

3. Accounts and Household Access.

3.1 One account per person.

Each account is for a single individual identified by a verified email address. You may not share your credentials with more than one other adult. (See §3.2 for household sharing.)

3.2 Household sharing.

A single membership may be used by up to two (2) adults in the same household who are co-parenting a child (the “Household”). Both adults may use the same credentials or may be linked as a Household (when we offer that feature). Sharing beyond the Household — for example, with friends, extended family, or in a group-buy arrangement — is not permitted.

3.3 Your responsibility.

You are responsible for anything done under your account. Notify us at hello@offtosleepstrong.com if you believe your account has been compromised.

3.4 Clerk.

Our authentication and account management is provided by Clerk, Inc. Your use of Clerk is subject to the Privacy Policy and, in certain respects, to Clerk's own policies as a subprocessor.

4. Membership and Billing.

4.1 Plans.

Community membership is offered in two plans:

• Monthly: $39.00 per month, charged on the same day each month following your initial signup.
• Annual: $390.00 per year, charged on the same day each year following your initial signup.

4.2 Free trial.

New members receive a fourteen (14)-day free trial on their first signup. The trial starts the day you enroll. During the trial you have full access to the Service.

4.3 Auto-renewal disclosure.

If you do not cancel before the trial ends, your payment method will be charged automatically at the end of the trial, and thereafter on each monthly or annual anniversary as applicable, until you cancel. By enrolling, you authorize OTSS and its payment processors to charge your payment method on this schedule.

4.4 How to cancel.

You may cancel your trial or your paid membership at any time, for any reason, from your account settings at offtosleepstrong.com/hub/billing. Cancellation is self-service; you do not need to call or email us to cancel.

4.5 Effect of cancellation.

Cancellation during the trial takes effect at the end of the trial; you will not be charged. Cancellation of a paid plan takes effect at the end of the then-current billing period; you retain access through that period. We do not prorate partial-period cancellations.

4.6 Reminders.

We will send you an email approximately three (3) days before the first charge at the end of your free trial, reminding you of the upcoming charge and providing the cancellation link. We may, but are not required to, send reminders before subsequent renewal charges.

4.7 Switching plans.

You may switch between monthly and annual plans at any time from your account settings. Upgrades to annual take effect immediately and are credited for any unused portion of the current monthly period. Downgrades from annual to monthly take effect at the end of the current annual period.

4.8 Price changes.

We may change the price of monthly or annual memberships with at least thirty (30) days' advance notice by email. Price changes will not apply to an annual membership that is already active on the date the change takes effect; that membership continues at the prior price through the end of its current annual period. For monthly memberships, the new price applies on the first renewal charge on or after the effective date.

4.9 Non-payment.

If a payment fails, we will notify you and re-attempt the charge in accordance with our processor's standard retry schedule. If payment cannot be collected within fifteen (15) days of the original charge date, we may suspend or terminate your access.

4.10 Payment processors.

Payment is processed by Stripe, Inc., via Clerk Billing. OTSS does not store your full payment-card number. Your payment information is subject to Stripe's and Clerk's terms and our Privacy Policy.

4.11 Taxes.

Prices are quoted exclusive of applicable taxes. We will add any required sales tax at checkout.

4.12 Refunds.

Memberships are non-refundable except where required by law or where we, in our sole discretion, choose to issue a good-faith refund. The 14-day free trial is the primary way to evaluate the Service before paying.

5. Content and License.

5.1 Our content.

The Service includes written guides, videos, downloadable materials, sleep-plan templates, office-hours sessions, and other educational content that we produce or license (collectively, “Our Content”). Our Content, including the OTSS methodology elements known as “The B's of Bedtime,” “Eat, Play, Sleep,” and “Check and Console,” and the trademarks “Off to Sleep Strong,” “Off to Sleep,” and “Sleep Strong,” is owned by OTSS or its licensors.

5.2 Your license.

For the duration of your active membership, we grant you a personal, non-transferable, non-exclusive, revocable license to access and use Our Content for your Household's personal, non-commercial use. Your license ends when your membership ends; Our Content is not yours to keep.

5.3 What you may not do.

You may not:

• resell, rent, sublicense, republish, or redistribute Our Content;
• copy or re-host Our Content on any public or private platform;
• use Our Content to train any machine-learning model, generative-AI system, or competitor service;
• remove or alter any copyright, trademark, or attribution notice; or
• circumvent any access control, paywall, or rate limit.

6. Your Content in the Community.

6.1 What “Your Content” means.

“Your Content” is anything you post to the community or submit to us — questions, comments, photos, documents, templates, stories. Circle hosts the community; Your Content lives on Circle's infrastructure.

6.2 Ownership.

You retain ownership of Your Content.

6.3 License you grant.

For Your Content, you grant OTSS a worldwide, royalty-free, sublicensable, non-exclusive license to host, display, reproduce, and distribute Your Content for purposes of operating the Service, moderating the community, and, to the extent Your Content is posted in a public-to-members space, showing it to other members. This license ends when you delete Your Content or terminate your account, except for backups retained in the ordinary course of secure data handling and copies retained in response to a moderation, legal-compliance, or dispute-resolution need.

6.4 Your representations.

You represent that Your Content does not violate anyone else's rights, is accurate about your own experience, and does not include protected health information of anyone other than your own child (for whom you are the legal decision-maker).

6.5 Community Guidelines.

Your Content and conduct in the community are also governed by our Community Guidelines, which are incorporated by reference into these Terms.

6.6 Moderation.

We may, with or without notice, remove, edit, or restrict any content, suspend any member, and terminate any account for violation of these Terms or the Community Guidelines. We have no obligation to monitor every post but reserve the right to do so.

6.7 Reporting.

To report a violation, email moderation@offtosleepstrong.com with the content, the URL or location, and a description.

7. Acceptable Use.

You agree not to:

• post or transmit content that is unlawful, defamatory, harassing, threatening, or discriminatory;
• post medical advice, a medical diagnosis, or a prescription (whether addressed to another member or generally) — the community is for peer support and for OTSS-led education, not for practicing medicine;
• post content that solicits any member to discontinue pediatrician-directed care or to adopt any protocol we have not endorsed;
• impersonate another person or misrepresent your affiliation with any entity;
• post advertising, surveys, chain messages, pyramid schemes, or recruitment for another service;
• upload viruses, worms, or other malicious code, or probe, scan, or test the vulnerability of the Service;
• attempt to access accounts that are not your own, or bypass any access control;
• scrape, data-mine, or systematically extract content from the Service;
• use the Service in a way that violates any law or regulation.

8. Our Service.

8.1 What we provide.

We make reasonable efforts to keep the Service available and the content current. We may modify, add, or remove features over time. We are not liable for changes to third-party services (Circle, Stripe, Clerk, Resend) that affect the Service.

8.2 Scheduled maintenance and outages.

We may schedule maintenance with or without notice. We will make a good-faith effort to notify the community of extended outages.

8.3 No medical advice.

Our Content and community discussions are behavioral sleep education, not medical advice, diagnosis, or treatment. Please consult your pediatrician if you have any medical concerns. See also our Disclaimer.

9. Assumption of Risk.

9.1 Behavioral sleep context.

You acknowledge that behavioral sleep guidance for infants and toddlers can involve temporary increases in crying as the child adjusts, temporary disruption to your family's existing sleep patterns, and the gradual reduction or elimination of night feedings (only where pediatrician-cleared and age-appropriate). You acknowledge that the Service is not a substitute for medical care.

9.2 Independent judgment.

You agree to exercise independent parental judgment at every step and to seek medical care for medical concerns. You will not rely on the Service in place of medical advice.

9.3 Voluntary assumption.

To the maximum extent permitted by law, you voluntarily assume the risks ordinarily associated with following behavioral sleep guidance as described in §9.1, except to the extent such risks arise from OTSS's gross negligence or willful misconduct.

10. Disclaimer.

10.1 “AS IS.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 No outcome guarantee.

We do not guarantee any particular sleep outcome, by any particular date, or at all. Results vary by child, by family, and by the consistency of caregiver follow-through.

10.3 Third-party services.

We do not warrant the operation, availability, or security of third-party services on which the Service depends (including Circle, Stripe, Clerk, Resend, Railway, and Neon).

11. Limitation of Liability.

11.1 Excluded damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTSS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FOR ANY CAUSE AND UNDER ANY THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Carve-outs.

Nothing in this §11 limits liability for (i) fraud or intentional misrepresentation, (ii) gross negligence or willful misconduct, (iii) either party's indemnification obligations under §12, or (iv) any liability that cannot lawfully be limited under applicable consumer-protection law.

11.4 Basis of the bargain.

The limitations in this §11 are a fundamental part of the basis of the bargain between you and OTSS, and the pricing of the Service reflects these limitations.

12. Indemnification.

12.1 By you.

You will indemnify, defend, and hold harmless OTSS and its members, employees, and contractors from any third-party claim arising out of (a) Your Content, (b) your breach of these Terms, or (c) your violation of any law or of any third-party right.

12.2 By OTSS.

We will indemnify, defend, and hold harmless you from any third-party claim arising out of OTSS's gross negligence or willful misconduct in operating the Service.

12.3 Process.

The indemnified party will (a) give the indemnifying party prompt written notice of the claim, (b) allow the indemnifying party to control the defense and settlement (provided no settlement imposing non-monetary obligations on the indemnified party may be made without consent), and (c) reasonably cooperate.

13. Dispute Resolution; Arbitration; Class-Action Waiver.

Please read this section carefully. It affects your legal rights.

13.1 Informal resolution first.

Before filing any formal proceeding, the party with a dispute will email the other a written description of the dispute and the relief sought (for a dispute against OTSS, to hello@offtosleepstrong.com; for a dispute against you, to the email address on your account). The parties will make a good-faith effort to resolve the dispute informally within thirty (30) days after notice.

13.2 Binding individual arbitration.

If the dispute is not resolved within thirty (30) days, it will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or successor rules), and not in a court, except as provided in §13.7.

13.3 Seat, venue, and language.

The seat of arbitration is Hartford, Connecticut. Proceedings may be conducted remotely or, at the claimant's election for an in-person hearing, at the AAA's nearest hearing facility to the claimant's residence. The language of arbitration is English. The arbitrator applies Connecticut law (without regard to conflict-of-laws rules) and the Federal Arbitration Act.

13.4 Class-action waiver.

The parties may bring claims only in their individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general proceeding. The arbitrator may not consolidate or join the claims of more than one person unless the parties otherwise agree in writing. If a court of competent jurisdiction decides this §13.4 is unenforceable as to any claim, that claim (and only that claim) is severed from arbitration and may proceed in court under §13.7; all other claims remain in arbitration.

13.5 Mass-arbitration coordination.

If twenty-five (25) or more substantially similar claims are filed by or on behalf of individuals represented by the same or coordinated counsel within a rolling one-hundred-eighty (180)-day window, the parties agree to the following coordination procedure: (a) the AAA will organize the claims into batches of no more than fifty (50) for administrative purposes; (b) the parties will meet and confer in good faith to select up to ten (10) bellwether cases to proceed first; (c) the parties will share bellwether outcomes for ninety (90) days to negotiate in good faith the resolution of the remaining claims before any further arbitration fees are due; and (d) filing fees and arbitrator compensation for non-bellwether cases are held in abeyance during this period. The parties intend this coordination procedure to reduce duplicative proceedings while preserving each claimant's individual right to arbitrate.

13.6 Arbitration opt-out.

You may opt out of this §13 by sending a written notice within thirty (30) days after you first accept these Terms (or, for later-amended versions introducing material changes to this §13, within thirty (30) days after first use under the updated Terms) to hello@offtosleepstrong.com with the subject line “Arbitration Opt-Out,” and including your full name, the email on your account, and a clear statement that you opt out. A timely opt-out does not affect any other provision of these Terms. A timely opt-out is the only way to preserve your right to litigate in court on a class or representative basis.

13.7 Carve-outs; small-claims court.

Nothing in this §13 prevents either party from (a) bringing an individual action in small-claims court with jurisdiction and proper venue, or (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information.

13.8 Fees.

The AAA's Consumer Arbitration Rules allocate filing, administrative, and arbitrator fees. OTSS will pay any portion of the AAA filing fee that exceeds the comparable court filing fee, unless the arbitrator determines the claim is frivolous or brought for an improper purpose.

13.9 Severability.

If any part of this §13 other than §13.4 is found unenforceable, the remaining parts of §13 remain in effect. If §13.4 is found unenforceable in any case, that case proceeds in court under §13.7; all other cases remain subject to §13.

14. Termination.

14.1 By you.

You may cancel your membership at any time from offtosleepstrong.com/hub/billing. See §4.4–§4.5.

14.2 By OTSS.

We may suspend or terminate your account and your access immediately, with or without notice, for (a) violation of these Terms or the Community Guidelines, (b) misrepresentation of a material fact, (c) non-payment beyond §4.9, (d) abusive or threatening conduct directed at OTSS personnel or at other members, or (e) any other reason where continued access would be unsafe or unlawful. Fees already paid for the then-current billing period are non-refundable unless terminated by OTSS without cause.

14.3 Effect.

On termination, your license under §5.2 ends and your access to Our Content ends. Sections 5 (retained ownership), 6.2–6.3 (as to previously posted Your Content), 6.4, 7, 9, 10, 11, 12, 13, 14.3, 15, and 16 survive termination.

15. Governing Law and Venue.

15.1 Law.

These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-laws rules, and by the Federal Arbitration Act with respect to §13.

15.2 Non-arbitration venue.

For any claim properly in court under §13.7, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Fairfield County, Connecticut.

16. General.

16.1 Entire agreement.

These Terms, together with our Privacy Policy, our Community Guidelines, and our Disclaimer, are the entire agreement between you and OTSS about the Service.

16.2 No waiver.

A failure to enforce a provision is not a waiver.

16.3 Severability.

If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

16.4 Assignment.

You may not assign these Terms. OTSS may assign these Terms to a successor in connection with a merger, acquisition, reorganization, or sale of assets.

16.5 Third-party beneficiaries.

Except as expressly provided, these Terms create no rights in any third party. Stripe, Clerk, Circle, Resend, Railway, and Neon are not third-party beneficiaries of these Terms.

16.6 Force majeure.

Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.

16.7 Electronic communications.

You consent to receive communications from us electronically at the email address on your account, including for account, billing, privacy, and (if applicable under your preferences) marketing purposes. Marketing emails include an unsubscribe link.

16.8 Construction.

These Terms have been jointly drafted; no ambiguity will be construed against the drafter. Headings are for convenience only and do not affect interpretation.

16.9 Notices to OTSS.

hello@offtosleepstrong.com, or by first-class mail to Off to Sleep Strong LLC, 1 Fado Lane, Cos Cob, CT 06807. Notices to you: the email on your account.

16.10 Accessibility.

We are committed to WCAG 2.1 AA. If any part of the Service is not accessible to you, please email accessibility@offtosleepstrong.com and we will respond within five (5) business days.

16.11 E-SIGN.

You consent to enter into these Terms electronically. Your click-agreement has the same legal effect as a handwritten signature under the federal E-SIGN Act and the Connecticut Uniform Electronic Transactions Act.