These Terms of Use (the “Terms” or “Agreement”) are entered into by and between you (“User,” “you,” or “your”) and Ikano Industry Mexico S.A. de C.V., a company organized under the laws of Mexico (“Company,” “we,” “us,” or “our”), and govern your access to and use of ikonasleep.com, and any other websites, microsites, or sub-sites operated by us or our affiliates that link to or reference these Terms (collectively, the "Platform").

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY US (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we collect, hold, and process your information, and govern your access to and use of any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

We may change these Terms from time to time. The revised Terms will be posted on the Platform with an updated "Last Updated" date and will become effective upon posting unless a longer notice period is required by applicable law. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the revised Terms. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Use” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform to Users. You are responsible for making all arrangements necessary on your end to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of and comply with these Terms.

1.      Overview. The Platform is provided for general informational purposes to allow Users to learn about the Company, its business, facilities, capabilities, products, and related offerings, and to contact the Company regarding other inquiries (collectively defined as, “Services”).

2.      Eligibility. The Platform is intended for business and general informational use by individuals who are at least the age of majority in their jurisdiction. By using the Platform, you represent and warrant that you have the legal capacity to enter into these Terms and that your use of the Platform complies with applicable law.

3.      Certain features of the Platform may allow you to submit inquiries or other information to us. You agree that any information you provide through the Platform will be accurate, current, and complete, and that you will not submit information that is false, misleading, unlawful, or infringes the rights of any third party

4.      Convenience and Information Only; Services Disclaimer. The Platform and all text, images, graphics, specifications, descriptions, documents, and other materials made available on or through the Platform (collectively, “Platform Information”) are provided for general informational purposes only. While we strive for accuracy, we do not represent or warrant that any Platform Information is accurate, complete, current, error-free, or suitable for any particular purpose. Platform Information is subject to change without notice and does not constitute a binding offer, guarantee, or commitment by the Company. All images on the Platform are the intellectual property of their respective owners.

The Platform is intended to help Users learn more about the Company and its capabilities and to facilitate general inquiries. Nothing on the Platform constitutes professional advice, a sales offer, an acceptance, or a binding commitment to provide any product or service.

Any purchase of products or engagement of services is governed solely by separate written agreements and/or the Company’s applicable general terms and conditions, as may be in effect from time to time, a copy of which are available here.

    4.1  Product and Service Information. Any descriptions, images, specifications, colors, finishes, dimensions, availability, or other attributes reflected on the Platform are illustrative only and may vary from actual products, materials, or services. We do not guarantee that your device will accurately display any colors or visual characteristics. Products, services, and capabilities described on the Platform may vary by location and may be changed, suspended, or discontinued at any time without notice. The Company is not responsible for typographical, clerical, or other inadvertent errors on the Platform.

5. Third-Party Services.

    5.1. Linked Websites. The Platform may contain links to third-party websites, including but not limited to Facebook®, Instagram®, YouTube®, and X® (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions including but not limited to Meta's Terms of Service, YouTube's Terms of Service, and X’s Terms of Service. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk.

    5.2. Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you and your device. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our Services, website, as specified in these Terms or in our Services. For more information about how we collect and use personal information and similar technologies, please review our Privacy Policy and Cookie Policy.

6. Our Content.

    6.1. Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is owned by the Company, its affiliates, licensors, or other content providers and is protected by applicable intellectual property and other laws. Unauthorized use of our Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate, and you must immediately destroy any copies you have made of the Content.

    6.2. The trademarks, service marks, and logos of the Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Trademarks may not be used in any manner that is likely to cause confusion, mislead others, dilute the applicable owner’s rights, or damage the goodwill associated with the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by us. None of the Content for this Platform may be retransmitted without the express written consent from the Company for each and every instance.

    6.3. The Platform is owned and operated by Ikano Industry Mexico S.A. de C.V., an entity formed under the laws of Mexico. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform and Services (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform and Services are the property of the Company or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials except in connection with your use of the Platform or any Services. We reserve all rights to the Materials not granted expressly in these Terms.

7. Prohibited Uses. You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Platform in any manner that violates applicable federal, state, provincial, or local law or regulation; (b) copy, scrape, crawl, harvest, or systematically extract data or Content from the Platform by automated means without our prior written consent; (c) introduce or transmit any virus, malware, ransomware, spyware, or other harmful or disruptive code or technology; (d) attempt to gain unauthorized access to the Platform, its underlying systems or infrastructure, or any related network or server; (e) interfere with or disrupt the integrity or performance of the Platform or the experience of any other user; (f) use the Platform to transmit or post any content that is unlawful, infringing, defamatory, harassing, obscene, or otherwise objectionable; or (g) misrepresent your identity or your affiliation with any person or entity in connection with your use of the Platform.

8. Feedback. If you choose to provide input and suggestions regarding the design and performance of the Platform and/or Services, problems with, or proposed modifications or improvements to the Platform and/or Services (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and Services and create other products and services.

9. Modification of these Terms. We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform and/or Services and your right to access the Platform shall terminate and you must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

10. Term, Termination, and Modification of the Platform.

    10.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 10.2.

    10.2. Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice.

    10.3. Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform will terminate and you must immediately cease all use thereof and (b) you will no longer be authorized to access the Platform.

    10.4. Modification of the Platform. We reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or Services or any suspension or termination of your access to or use of the Platform or Services. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Platform.

11. Updates. We may automatically update the Platform at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

12. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. DISCLAIMERS; NO WARRANTIES.

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM, SERVICES, OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE PLATFORM OR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one jurisdiction to another.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution and Arbitration.

    15.1. Informal Resolution; Mandatory Pre-Dispute Notice. Before initiating any formal proceeding, whether arbitration or litigation, the party asserting a claim ("Claimant") must provide written notice to the other party ("Respondent") describing the nature and basis of the claim and the specific relief sought ("Pre-Dispute Notice"). The Company's address for Pre-Dispute Notice is Ikano Industry Mexico S.A. de C.V., Camino a los Nuncios No. 1000, Col. Otra No Especificada En El Catalogo, Ramos Arizpe, Coahuila, Mexico 25946; notice to the Company must be sent by certified mail or internationally recognized courier (signature required), or, if no current physical address is available for the Claimant, by email to the address provided in Section 16.10. Notice to a User will be sent to the email address or physical address associated with the User's most recent interaction with the Platform. Following delivery of a Pre-Dispute Notice, the parties shall engage in a good-faith effort to resolve the dispute for a period of sixty (60) days from the date the Pre-Dispute Notice is received ("Resolution Period"). Neither party may initiate arbitration or formal legal proceedings until the Resolution Period has expired without resolution. This pre-dispute procedure is a condition precedent to arbitration, and failure to comply with it may be raised as a defense to any prematurely filed proceeding. The Resolution Period may be extended by written agreement of the parties.

    15.2. Agreement to Arbitrate. Subject to Section 15.3 (Exceptions) and Section 15.4 (Opt-Out), and following expiration of the Resolution Period without resolution, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any use thereof, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms, shall be resolved by final and binding arbitration on an individual basis, as set forth in this Section 14. The arbitrator shall have exclusive authority to resolve any dispute concerning the scope, applicability, validity, or enforceability of this arbitration agreement, except as provided in Section 15.3(d). YOU AND THE COMPANY EACH UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.

    15.3. Exceptions. Notwithstanding Section 15.2, either party retains the right to:

        (a) bring an individual claim in a small claims court or equivalent tribunal of competent jurisdiction, provided the claim remains within that tribunal's jurisdictional limits and is not part of a class or consolidated proceeding;

        (b) seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending constitution of an arbitral tribunal, including to protect intellectual property rights, trade secrets, or confidential information, without waiving the right to require arbitration of all other claims;

        (c) pursue an enforcement action through an applicable governmental or regulatory agency where such action is authorized by law; and

        (d) seek a judicial declaration regarding the enforceability of the class action waiver in Section 15.8, which shall be determined by a court and not an arbitrator.

No exception in this Section 15.3 shall be construed as a waiver of the right to compel arbitration of any other claim.

    15.4. Opt-Out. You may opt out of the agreement to arbitrate in this Section 15 by sending written notice to the Company at Ikano Industry Mexico S.A. de C.V., Camino a los Nuncios No. 1000, Col. Otra No Especificada En El Catalogo, Ramos Arizpe, Coahuila, Mexico 25946, within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your full legal name, the email address you used in connection with the Platform, and a clear statement that you wish to opt out of arbitration ("Opt-Out Notice"). Opting out does not affect any other provision of these Terms, and any dispute not subject to arbitration will be resolved in the courts specified in Section 16.3. The opt-out right is personal to you and may not be exercised on behalf of any other person.

    15.5. Applicable Arbitration Rules and Governing Arbitral Law. The arbitration shall be conducted as follows, depending on the User's principal place of residence or, for business entities, principal place of business:

        (a) Users in Mexico. Arbitration shall be administered by the Centro de Arbitraje de México (CAM) under its then-current arbitration rules, and conducted in the Spanish language (or bilingual, if agreed) in Mexico City or such other location in Mexico as the parties may agree. The arbitration shall be governed by the Commercial Code of Mexico (Código de Comercio) and, where applicable, the provisions of the Federal Civil Code of Mexico relating to arbitration. The substantive law applicable to the merits of the dispute shall be the law of Mexico.

        (b) Users in the United States. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for business disputes), as applicable and as modified by these Terms, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). If the AAA is unavailable or declines to administer the arbitration, the parties shall mutually select an alternative arbitration provider. AAA rules and forms are available at www.adr.org or by calling 1-800-778-7879. Hearings shall take place in Miami-Dade County, Florida, unless the parties agree otherwise or the applicable rules permit a remote proceeding.

        (c) Users in Canada. Arbitration shall be administered by the ADR Institute of Canada ("ADRIC") under its National Arbitration Rules, and conducted in English in Toronto, Ontario, unless the parties agree otherwise. The arbitration shall be governed by the Arbitration Act, 1991 (Ontario) or the applicable provincial arbitration legislation of the User's province of residence, as determined by the arbitrator. The substantive law of the Province of Ontario shall apply to the merits of the dispute, without regard to conflict-of-laws principles.

        (d) Users Outside Mexico, U.S., and Canada. Arbitration shall be administered by the International Chamber of Commerce ("ICC") under its Rules of Arbitration, with the seat of arbitration in Mexico City, Mexico. Proceedings shall be conducted in English. The substantive law of Mexico shall govern the merits of any dispute.

In all cases, the arbitration shall be conducted before a single arbitrator unless the amount in controversy exceeds Five Hundred Thousand Dollars (US $500,000.00), in which case either party may request a panel of three arbitrators.

    15.6. Arbitration Process; Confidentiality. The arbitrator shall be selected in accordance with the rules of the applicable arbitral institution. The arbitrator shall be neutral, independent, and, for U.S. proceedings, shall be a licensed attorney or retired judge with experience in commercial disputes. The arbitrator shall have authority to award any remedy available at law or in equity to an individual claimant, consistent with these Terms, but shall have no authority to award relief to or against any person who is not a party to the arbitration. All arbitration proceedings, submissions, awards, and related communications shall be treated as confidential by the parties and the arbitrator and shall not be disclosed to any third party without the prior written consent of both parties, except as required by applicable law, court order, or for purposes of enforcement of an award. The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions on which any award is based. Any award may be confirmed and enforced in any court of competent jurisdiction.

    15.7. Arbitration Fees.

        (a) Mexico. Arbitration fees shall be governed by the rules of the CAM then in effect.

        (b) United States. Filing fees and arbitrator compensation shall be allocated as follows: (i) for claims of Ten Thousand U.S. Dollars (US $10,000.00) or less, the Company will pay all filing fees and arbitrator fees unless the arbitrator determines that the claim is frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b), in which case fees shall be allocated under the AAA Rules; (ii) for claims exceeding Ten Thousand U.S. Dollars (US $10,000.00), fee allocation shall be governed by the AAA Rules then in effect, provided that the Company shall not seek reimbursement of its own attorneys' fees unless the arbitrator finds the claim to be frivolous.

        (c) Canada. Arbitration fees shall be governed by ADRIC's fee schedule then in effect. For claims of Ten Thousand Canadian Dollars (CAD $10,000.00) or less, the Company will pay all institutional and arbitrator fees unless the arbitrator determines that the claim was brought in bad faith.

For U.S. claims of Ten Thousand U.S. Dollars (US $10,000.00) or less, the User may elect to conduct the arbitration: (i) solely on submitted documents; (ii) by telephonic or video hearing; or (iii) by in-person hearing in Miami-Dade County, Florida, under applicable AAA procedures.

    15.8. No Class or Representative Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may not award relief to any person other than the individual claimant. If this Section 15.8 is found to be unenforceable with respect to a particular claim or category of claims, that claim or category shall be severed from arbitration and resolved in the courts specified in Section 16.3, while all remaining claims proceed in arbitration.

    15.9. Mass Arbitration Procedures. If twenty-five (25) or more claimants submit substantially similar demands for arbitration against the Company within any ninety (90) day period ("Mass Arbitration"), the parties agree that the applicable arbitral institution's mass arbitration or batch filing procedures shall apply and shall govern the sequencing, consolidation, and administration of those proceedings. If no such procedures are available, the parties agree to negotiate in good faith regarding a workable process before any individual proceeding is initiated. Nothing in this Section 15.9 limits the individual nature of any claimant's substantive rights or the class-action waiver in Section 15.8.

    15.10. Modifications to Arbitration Provision. If the Company makes any material change to this Section 15, other than a change to the notice address in Section 15.1, you may reject the change by sending written notice to the Company's address in Section 15.1 within thirty (30) days of the posting of the revised Terms. If you timely reject a modification, the arbitration provision as it existed immediately before the rejected change shall continue to apply to any dispute between you and the Company arising before the date of your rejection notice. Your rejection of a modification does not affect any other provision of these Terms.

    15.11. Enforceability; Severability. If Section 15.8 or any part of the class-action waiver is found invalid or unenforceable, the entirety of Section 15.8 shall be severed and any class, collective, or representative claim shall be resolved in the courts designated in Section 16.3. If any other provision of this Section 15 is found invalid or unenforceable, that provision shall be severed and the remaining provisions of this Section 15 shall remain in full force and effect, including the obligation to arbitrate individual claims. If Section 15 in its entirety is found unenforceable or voided by a timely Opt-Out Notice under Section 15.4, the exclusive jurisdiction and venue provisions of Section 16.3 shall govern all disputes.

16. Miscellaneous.

    16.1. Privacy Policy. The Company is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents of children under the age of thirteen (13) who wish to allow their children access to the Platform are responsible for supervision of that access. In the event you allow your child to access the Platform, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the Platform. By allowing access to your child, you also give your child permission to access many areas of the Platform. Please remember that the Platform is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Platform areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Mexico, Canada and/or other countries for storage, processing and use by the Company and its affiliates.

    16.2. General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    16.3. Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Platform will be governed as follows: (a) for Users residing in Mexico, by the laws of Mexico, with exclusive jurisdiction in the competent courts of Coahuila, Mexico; (b) for Users residing in the United States, by the laws of the State of Florida, without regard to conflict-of-laws principles, with exclusive jurisdiction in the state and federal courts of Miami-Dade County, Florida; and (c) for Users residing in Canada, by the laws of the Province of Ontario and the federal laws of Canada applicable therein, with exclusive jurisdiction in the courts of Toronto, Ontario. The Platform is controlled and operated from Mexico. We make no representation that the Platform is appropriate or available for use in any jurisdiction other than Mexico, the United States, and Canada.

    16.4. Statute of Limitations. To the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

16.5. Privacy Policy; Cookie Policy. In connection with your access to the Platform and use of the Service, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and are governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

    16.6. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform or Services (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    16.7. No Resale of Platform or Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform and/or Services, use of the Platform and/or Services, or access to the Platform, and/or Services.

    16.8. Consent to Electronic Communications. By using the Platform or submitting an inquiry or other information to us electronically, you consent to receive communications from us in response to your inquiries, requests, or transactions electronically, including by email. You agree that electronic communications from us satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. Any marketing or promotional communications will be subject to your preferences and applicable law, including applicable opt-in and opt-out requirements.

    16.9. Marketing Communications. Where permitted by applicable law and subject to your communication preferences, we may send you information about the Company, its products, and its capabilities. You may opt out of promotional emails at any time by following the unsubscribe instructions in any such message or by contacting us as described in Section 16.10.

16.10. Contact Information. The Platform is offered by Ikano Industry Mexico S.A. de C.V., located at Camino a los Nuncios No. 1000, Col. Otra No Especificada En El Catalogo, Ramos Arizpe, Coahuila, Mexico 25946. You may contact us by mail at that address or by email at privacy@ikonasleep.com.

16.11. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform. For more information, please also read our Notice to California Residents.

16.12. No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

16.13. International Use. The Platform is hosted from Mexico and is intended for Users located within the United States, Mexico, and Canada. We make no representation that the Platform is appropriate or available for use outside of the United States, Mexico, or Canada. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.


Last Updated: April 23, 2026