Terms and Conditions of Use

1. Acceptance of Terms

Welcome to formsleep.com (the "Website"), owned and operated by FORM Sleep LLC ("FORM Sleep," "we," "us," or "our"), an Arizona limited liability company. By accessing or using this Website, placing an order, creating an account, or clicking "I agree" or similar affirmative action (collectively, "click-wrap agreement"), you ("you" or "Customer") agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must discontinue use of this Website immediately. We reserve the right to modify these Terms at any time. Changes become effective upon posting to this page. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least eighteen (18) years of age to use this Website, create an account, or place an order. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements. If you are under 18, you may not use this Website or purchase any products.

If we learn that a person under the age of 18 has provided personal information through this Website, we will delete that information promptly.

3. Products and Descriptions

FORM Sleep offers a range of premium sleep products, including but not limited to the FORM Core, FORM Core Hybrid, FORM Prime, and FORM Prime X mattresses, as well as pillows, sheets, protectors, bed frames, adjustable bases, and other sleep accessories.

We make every effort to display product descriptions, images, specifications, and pricing as accurately as possible. However, we do not warrant that product descriptions, images, or other content on this Website are error-free, complete, or current. Mattress dimensions are approximate and may vary by up to +/- 1 inch from stated specifications, which is standard in the mattress industry.

Colors displayed on your screen may differ from actual product colors due to monitor settings and display technology. We reserve the right to correct any errors in product descriptions or pricing at any time without prior notice.

4. Proprietary Technologies and Trademarks

FORM Sleep, the FORM Sleep logo, and the following technology names are trademarks or registered trademarks of FORM Sleep LLC:

GelGrid™, Integra-Mesh™, FormFlex™, AeroWeave™, ZoneCoil™, and ATEX™ Talalay Latex.

The tagline "Form Your Best Sleep" and all related product names, trade dress, and branding elements are the property of FORM Sleep LLC. Unauthorized use of any FORM Sleep trademark, trade name, or proprietary technology name is strictly prohibited and may constitute trademark infringement under federal and state law.

5. Intellectual Property and DMCA Compliance

All content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FORM Sleep LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use this Website for personal, non-commercial purposes only. This license does not include the right to sub-license any content to third parties.

DMCA Takedown Notices

If you believe that content on this Website infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) takedown notice to our designated DMCA agent. Your notice must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing and its location on the Website; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate.

DMCA Agent: Legal Department, FORM Sleep LLC, 7167 E Rancho Vista Dr, Ste 137, Scottsdale, AZ 85251. Email: info@formsleep.com

6. Prohibited Uses

You may not use this Website for any unlawful purpose or in any way that violates these Terms. Specifically, you agree not to: (a) resell, sublicense, or commercially exploit any Website content or products purchased through this Website; (b) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Website; (c) copy, reproduce, distribute, or create derivative works from Website content; (d) use any robot, spider, scraper, or other automated means to access the Website; (e) transmit any viruses, worms, malware, or other harmful code; (f) attempt to gain unauthorized access to any portion of the Website, other accounts, or computer systems; (g) use the Website to send unsolicited communications (spam); (h) interfere with or disrupt the Website or servers; (i) impersonate any person or entity; or (j) harvest or collect personal information of other users.

Violation of these prohibited uses may result in termination of your account and access, and may subject you to civil and criminal liability.

7. 365-Night Sleep Trial

FORM Sleep offers a 365-night sleep trial on all FORM mattresses purchased directly from formsleep.com. This trial period begins on the date your mattress is delivered to you.

Trial Requirements

To be eligible for a return under the 365-night sleep trial, you must: (a) have purchased the mattress directly from formsleep.com (purchases from third-party retailers are subject to that retailer's return policy); (b) sleep on the mattress for a minimum of thirty (30) nights from the date of delivery to allow your body to adjust (the "break-in period"); (c) initiate your return request by contacting our customer support team at support@formsleep.com before the 365-night trial period expires; and (d) ensure the mattress is in usable condition, free from damage caused by misuse, stains that void the warranty, or material alteration.

Return Process

FORM Sleep will arrange for free pickup of your mattress at no cost to you. Returns are processed within 5-10 business days after the mattress has been picked up. Refunds are issued to your original payment method. Shipping charges, if any were paid, are non-refundable.

Non-Returnable Items

The following items are not eligible for return under the sleep trial: pillows, sheets and bedding, mattress protectors, bed frames, adjustable bases, and any items marked as "final sale" at the time of purchase. Gift cards are non-refundable and non-returnable.

8. Lifetime Warranty

FORM Sleep mattresses are backed by a Lifetime Warranty that covers defects in materials and workmanship for the useful life of the mattress, beginning on the date of original purchase. "Lifetime" means the reasonable expected useful life of the mattress for the original purchaser. This warranty is non-transferable.

Covered defects include: visible indentations or body impressions greater than 1 inch that are not caused by using an improper or unsupportive foundation; physical flaws in the mattress that cause the foam material to split or crack despite normal usage and proper handling; and manufacturing defects in the cover, including seam separation or zipper failure.

This warranty does not cover: normal wear and tear, comfort preference, changes in firmness preference, damage caused by misuse, stains or soiling, use with an improper foundation or support, damage from bending or folding the mattress, or damage caused by using the mattress on a bed frame that does not provide adequate support. Physical abuse, burns, cuts, and damage from liquid penetration are excluded.

For warranty claims, contact support@formsleep.com with your order number, photos of the defect, and a description of the issue. FORM Sleep will, at its sole discretion, repair or replace the defective mattress at no cost to you, or provide a prorated refund based on the age of the mattress.

9. Pricing, Payment, and Orders

All prices displayed on this Website are in United States Dollars (USD) and do not include applicable sales tax, which will be calculated and added at checkout based on your shipping address and applicable state and local tax rates.

We reserve the right to change prices at any time without prior notice. Promotional pricing and discount codes are subject to expiration and may not be combined unless explicitly stated. Promotional discounts are not applied retroactively to previously placed orders.

We accept payment via major credit and debit cards, as well as through third-party financing providers including Affirm and Klarna, subject to their respective terms and conditions. Payment processing is handled by third-party processors including but not limited to Stripe, Affirm, and Klarna. We do not store your full credit card information on our servers.

Order Cancellation

You may cancel an order at any time before it has shipped by contacting support@formsleep.com. Once an order has shipped, it cannot be cancelled and must go through our standard return process. In the event of a pricing error, we reserve the right to cancel any order placed at an incorrect price and will notify you promptly with the option to reorder at the correct price.

10. Shipping and Delivery

FORM Sleep offers free standard shipping on all mattress orders within the contiguous United States. Delivery times are estimates and are not guaranteed. Standard shipping typically takes 5-10 business days from the date of order. Oversized items such as mattresses and bed frames may require 1-3 weeks for delivery during peak periods.

We are not responsible for delays caused by carrier issues, weather, natural disasters, or circumstances beyond our control. White Glove delivery service may be available for an additional fee in select areas.

Risk of Loss

All items purchased from this Website are shipped pursuant to a shipment contract. Risk of loss and title for items pass to you upon delivery of the item(s) to the carrier. If your package is lost or damaged in transit, please contact our customer support team and we will work with the carrier to resolve the issue.

11. Electronic Communications and Signatures

By using this Website, you consent to receive electronic communications from FORM Sleep, including order confirmations, shipping updates, account notifications, and promotional messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

When you place an order, create an account, or complete a form on this Website, you agree that your typed name, email address, or click of an "I agree" or similar button constitutes your electronic signature, which is legally binding and equivalent to your handwritten signature.

SMS/Text Message Terms

By providing your mobile phone number and opting in to receive text messages from FORM Sleep, you consent to receive recurring automated marketing and transactional text messages at the number provided. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP to any message. Reply HELP for help. Text messaging is not required for purchase. By opting in, you confirm you are the account holder or authorized user of the mobile number provided. Consent is not a condition of any purchase. See our Privacy Policy for information on how we handle your data.

12. User Accounts

You may be required to create an account to access certain features or make purchases. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

FORM Sleep reserves the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, suspected fraud, or abusive behavior toward our staff or systems.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

13.1 Agreement to Arbitrate

You and FORM Sleep agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any product purchased through the Website (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

13.2 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as modified by this Section. The arbitration will be conducted by a single arbitrator and held in Maricopa County, Arizona.

13.3 Class Action and Jury Trial Waiver

YOU AND FORM SLEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Mass Arbitration

If thirty (30) or more similar arbitration demands are filed by the same counsel or coordinated counsel against FORM Sleep within a sixty (60) day period ("Mass Arbitration"), the parties agree that all such demands shall be automatically stayed pending resolution of a bellwether process. In such event, counsel for the claimants and FORM Sleep shall each select five (5) cases to proceed as bellwether arbitrations. The results of these bellwether arbitrations shall inform resolution of the remaining stayed demands.

13.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the following address within thirty (30) days of your first use of this Website or first purchase, whichever is earlier:

FORM Sleep LLC, Attn: Legal - Arbitration Opt-Out, 7167 E Rancho Vista Dr, Ste 137, Scottsdale, AZ 85251

Your opt-out notice must include your full name, mailing address, email address associated with your account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, you may pursue claims in court, subject to applicable laws and procedural rules.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORM SLEEP, FORM SLEEP LLC, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR PURCHASE OF ANY PRODUCTS.

Our total liability for any claim arising out of or relating to these Terms or your use of this Website or products shall not exceed the amount you paid for the specific product giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless FORM Sleep LLC, FORM Sleep, and their officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any content you submit or post to the Website.

16. External Links and Third-Party Content

This Website may contain links to third-party websites, services, or content that are not owned or controlled by FORM Sleep. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. Inclusion of any link does not imply endorsement by FORM Sleep. You acknowledge and agree that FORM Sleep shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

17. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. To the extent that the arbitration agreement does not apply, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, for the resolution of any disputes.

18. Severability and Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FORM Sleep regarding your use of this Website and purchase of products, and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Information

For questions or concerns regarding these Terms, please contact us: