Terms of Service

Last updated: [DATE — set at publication]

Welcome to thebettermattress.com (the "Site"), operated by Sleep Better Inc, a Colorado corporation, doing business as The Better Mattress ("we," "us," or "our"). By accessing or using the Site, or by purchasing products from us, you agree to these Terms of Service ("Terms"). If you do not agree, please do not use the Site.

1. Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your state) to make a purchase. If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

2. Products, Pricing, and Availability

We work hard to display our products and prices accurately, but errors happen. We reserve the right to correct pricing errors, update product information, limit quantities, and refuse or cancel any order — including orders affected by pricing or typographical errors — at our discretion. If we cancel an order after you've been charged, we will issue a full refund. Product colors and images may vary slightly from what you see on screen. Prices are subject to change without notice.

3. Orders and Payment

By placing an order, you make an offer to purchase, which we may accept or decline. Payment is processed at the time of order through Shopify's payment systems, including Shop Pay Installments where available. Installment financing is offered by third-party lenders and subject to their separate terms and approval.

4. Marketing Communications

Email marketing. By opting in to our email list — at checkout, through a signup form, or in store — you consent to receive promotional emails from The Better Mattress. You may opt out at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at info@thebettermattress.com. Opting out of marketing emails does not affect transactional emails (order confirmations, shipping notifications, and service messages), which we will continue to send as needed to fulfill your orders.

SMS/text marketing. By providing your mobile number and opting in to text messages, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., sale alerts and cart reminders) from The Better Mattress at the number provided. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to cancel at any time, or reply HELP for help. You may also opt out by contacting us at info@thebettermattress.com or (303) 484-8923. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.

You represent that any phone number you provide is your own, and you agree to notify us if you change or deactivate that number.

5. Shipping, Delivery, and Risk of Loss

Shipping and delivery options, fees, and timelines are described on our Shipping & Delivery page, which is incorporated into these Terms. Boxed mattresses ship within the continental United States; in-home delivery services are available in Colorado only. Risk of loss passes to you upon delivery to the shipping address or, for in-store pickup, upon pickup.

6. Returns and Exchanges

Our return and exchange terms are described on our Returns & Exchanges page, which is incorporated into these Terms. In summary: eligible mattresses may be exchanged once (10% fee) or returned (20% fee) within 120 days, subject to condition requirements. Pillows, sheets, protectors, clearance/floor-model items, and adjustable bases are final sale.

7. Product Warranties

Mattresses and other products are covered by their respective manufacturers' warranties. We will assist you in submitting warranty claims but make no warranties of our own beyond those required by law. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on implied warranties, so this may not apply to you.

8. Site Use and Intellectual Property

All Site content — text, images, logos, and design — is owned by or licensed to Sleep Better Inc and protected by intellectual property laws. You may not copy, reproduce, or use Site content for commercial purposes without our written permission. You agree not to misuse the Site, including by attempting to interfere with its operation, scraping content, or using it for any unlawful purpose.

9. User Submissions

If you submit reviews, comments, or other content, you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and display that content in connection with our business. You represent that your submissions are your own and do not violate any third party's rights.

10. Third-Party Links and Services

The Site may link to third-party websites and services (including financing providers and manufacturers). We are not responsible for their content, policies, or practices.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SLEEP BETTER INC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. Some states do not allow these limitations, so they may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Sleep Better Inc and its owners, employees, and agents from claims arising out of your violation of these Terms or misuse of the Site.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any dispute arising from these Terms or your purchase will be resolved in the state or federal courts located in Denver County, Colorado, and you consent to their jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. The version posted at the time of your order governs that purchase. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.