Terms

Casper Terms and Conditions

Last Updated: March 17, 2025

THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION PROVISION BELOW, BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
These terms and conditions (the “Terms”) apply to Casper Sleep Inc.’s (“Casper”, “we”, “our”, or “us”) (a) website located at www.casper.com, associated websites, and the content therein and thereon, collectively, the “Site(s)”); (b) our mobile applications, including the Glow App (collectively, the “App(s)”); (c) retail locations operated by Casper (“Casper Store(s)”); and (d) any product that is offered on the Sites, Apps, or in any Casper Store (“Product(s)”). Please read these Terms carefully. By visiting, accessing, or otherwise using in any way the Sites, Apps, or any Casper Store,  participating in our Referral Program or other promotions, or by ordering, purchasing, receiving or using any Casper Products or services at any time (collectively, the “Services”), you agree to these Terms, our Privacy Policy, which is hereby incorporated into these Terms by reference, as well as any other terms, guidelines or rules that apply to any portion of the Services, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order or purchase the Products.

I. Electronic communication

When you visit any of our Sites or Apps, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on any Site or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
It is your responsibility to control the notifications you do, or do not, receive through your device. To opt in to receive text messages from Casper, please follow the instructions provided when you sign up to receive text messages. To stop receiving text messages from Casper, use the mobile phone corresponding to the number enrolled in Casper text messages and reply “STOP” or “UNSUBSCRIBE” in response to a text message from the Casper text messaging program. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs in which you have enrolled. The opt out does not preclude messaging that Casper sends for necessary services. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Casper immediately if you change your mobile telephone number. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Casper, and Casper is not responsible or liable for issues arising from them. Casper reserves the right to modify or discontinue, temporarily or permanently, all or any part of Casper text messages, with or without notice. Casper may suspend or terminate your receipt of Casper text messages for any reason without notice to you.

II. Eligibility

You represent and warrant that (a) your use of the Services is legal in, and does not violate any laws or regulations of the jurisdiction where you live or from where you access the Services; (b) you possess the legal right and ability to enter into these Terms and to use the Services in accordance with these Terms; (c) your use of the Services will be in accordance with these Terms; and (d) your use of the Services will be in accordance with all applicable laws and regulations.

None of our Sites or Apps is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR SERVICES.

If you are using a Site or App on behalf of a company, entity, or organization (collectively, “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

Your use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (i) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (ii) will not transfer software, technology, or other technical data via the Services to export-prohibited parties or countries; (iii) will not use the Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws; (iv) will not access or use the Services from a country or region that is targeted for comprehensive trade sanctions by the United States government; and (v) will not transfer, upload, or post via the Services any software, technology, or other technical data in violation of United States or other applicable export or import laws.

III. Copyright

Unless otherwise noted, all content included on any Site or App, featured in any Casper Store or on any Product, including images, illustrations, designs, icons, photographs, video clips, audio, sounds, music, data, text, scripts, files, software and written and other materials (collectively, “Casper Content”) is the property of Casper or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of each Site and App is the exclusive property of Casper and is protected by United States and international intellectual property laws. Any unauthorized use of any Casper Content is strictly prohibited and may violate copyright, trademark, and other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a Site or App, including any Casper Content, only with our prior written and express authorization.

IV. Trademarks

All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on any Site or App, in any Casper Store, or on any Product are proprietary to Casper or other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Casper, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Services.

V. Limited license and access to the Services

Subject to your compliance with these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for personal use only and solely for their intended purpose. Consequently, and without limiting the generality of the foregoing, this grant does not allow you to do any of the following, and you agree that you shall not: (a) resell or make any commercial use of the Products, Sites or Apps or any of their contents, without the prior, express written agreement of Casper; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites or Apps not intended to be so read, including using or directly viewing the underlying HTML or other code from the Sites or Apps except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites or Apps (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Sites or Apps, or to collect any information from the Sites or Apps or any other user of the Sites or Apps; (e) circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Services or (ii) features that prevent, restrict, or limit use or copying of any Casper Content or Marks; (f) upload, post, email, or otherwise transmit any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) frame, reproduce or copy the Services, or access or use the Services through an interface other than one we provide to you; (g) falsify or delete any author attributions, legal, or other notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Services; (h) use the Services in violation of any applicable law, regulation or code of conduct, any additional terms, or our Privacy Policy, in violation of the legal rights of another person, or in any manner which we deem in our sole discretion to be inappropriate or harmful.

VI. Fees and payments; shipping; In-home setup; Third-Party Seller purchases

Prices.
The price for Products available for purchase through any Site or App will be displayed to you on that Site or App. The price for Products available for purchase through any Casper Store will be displayed next to or adjacent to the Product. In each case, the prices displayed do not include taxes. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you purchase the Products. Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products unless otherwise indicated. Additional shipping fees apply for Hawaii and Alaska, unless otherwise indicated.

Payments.
The Services may use third parties to process payments. Our third-party payment processors and express checkout providers, such as Amazon Pay, Apple Pay, Venmo, and PayPal, accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, or lease to own through Katapult, if available, or other third-party provider, as detailed on the payment screen. Casper does not control any third-party payment processor, and your use of any third-party payment processor is a transaction solely between you and such third-party payment processor. Each third-party payment processor may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. You represent and warrant that you have the legal right to use any payment method you provide in connection with any purchase. 

In-home setup.
For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Casper reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using Casper’s in-home setup must be in sanitary condition. In-home setup fees are final and will not be refunded in the event you return any of the Products.

Third-Party Seller purchases.
Casper may offer certain of its Products through or by bona fide third-party retailers, online or e-commerce platforms or other third-party channels (each, a “Third-Party Seller”). Casper does not control any Third-Party Seller, and your order, purchase, receipt or use of any Product provided by any Third-Party Seller is a transaction solely between you and such Third-Party Seller. Each Third-Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third-Party Seller or any retail locations operated by a Third-Party Seller is at your own risk.

VII. Third-Party Services

Our Sites and Apps may include certain services that are offered in partnership with third parties (“Third-Party Service”). For example, Third-Party Services may relate to financing or extended protection plans. Third-Party Services may be subject to additional terms and conditions which you enter into with the Third Party at the time you enroll in the Third-Party Service. Please carefully review all applicable terms before enrolling.

VIII. Gift and offer codes

From time to time, Casper may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on a Site or in any Casper Store, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Casper in its sole discretion. Only valid offer codes provided or promoted by Casper will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Casper (including any unauthorized third-party websites) will not be considered valid. Codes supplied or promoted by Third-Party Sellers are not valid for use on the Services, and are subject to the terms and conditions set by such Third-Party Seller. Each offer code promoted by Casper is non-transferable and valid for single use on an item (or items) of merchandise as determined by Casper. Offer codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” or “Clearance” unless stated otherwise, and may not be used in conjunction with the Casper Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. Casper is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying Product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

IX. Referral Program

Casper offers a Referral Program (“Program”), through which brand advocates (an “Advocate”) may receive a 30% discount code for each eligible, referred friend (“Referred Friend”) that makes a Casper purchase (a “Qualified Referral”), subject to the conditions stated below. To participate as either an Advocate or a Referred Friend, you must be a U.S. resident at least 18 years of age. No previous purchase is required to participate as an Advocate; if participating as a Referred Friend, you are only eligible if you have not previously made a purchase from Casper.com or a Casper store.

To refer friends to Casper as part of the Program, visit casper.com/pages/friends and complete the registration steps provided on that page. Upon completion, you will have the option to send Referred Friends an “Invite Link” via email or by directly sharing the Invite Link. If completing registration on a mobile device, SMS and WhatsApp are also share options.. By participating in the Program, each Advocate represents that they have their Referred Friend’s prior consent to provide their email address. An Advocate must share their Invite Link in a personal manner that is appropriate and customary for communications with friends. Bulk email distribution, distribution to strangers, or any other promotion of an Invite Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Casper’s sole discretion is expressly prohibited and may be grounds for disqualification from the Program.

If a Referred Friend follows the Invite Link, they will be required to provide their email address to participate. After the Referred Friend completes all required fields and submits this information, Casper will determine eligibility and provide each eligible Referred Friend a one-time use code for 30% off their first order (“Referral Code”). The Referral Code may only be used on the Referred Friend’s first purchase at Casper.com. Only the Referred Friend issued the Referral Code is eligible to use it. If the Referred Friend does not use this code but wishes subsequently to make a purchase and retrieve their code, they may repeat the steps above to do so.

Only first-time customers who have not previously made a purchase at Casper associated with the provided email address or under any other alias are eligible to receive a Referral Code. Advocates cannot refer themselves or use the Program for anything other than personal, noncommercial use. Any attempt by an Advocate or Referred Friend to use multiple and/or different email addresses, identities, or forms to participate in the Program may result in disqualification. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Casper will determine eligibility in its sole discretion. If an individual is disqualified for not complying with any requirements stated herein, they will be ineligible to receive any Program benefits. Existing discounts and offers may be voided at Casper’s discretion.

After receiving a Referral Code, eligible Referred Friends may apply it at checkout on their first purchase at Casper.com to receive 30% off eligible items. If a Referred Friend makes a purchase on Casper.com and applies a Referral Code, then Casper will send the Advocate associated with that Referral Code an email with a code for 30% off one order (“Advocate Code”) at Casper.com. Only one Referral Code may be applied per transaction. If a Referred Friend makes a purchase but does not apply a Referral Code at checkout, the Advocate will not be credited with a Qualified Referral and will not receive an Advocate Code. Limit of one Advocate Code will be issued per Referred Friend but there is no limit on the number of eligible friends you may refer.

Advocate Codes are typically delivered within 48 hours of a Qualified Referral. In its sole discretion, Casper may delay the issuance of an Advocate Code for purposes of verification or investigation. In its sole discretion, Casper may also deny the issuance of an Advocate Code if it believes a Qualified Referral to be fraudulent or in violation of these requirements. All of Casper’s decisions regarding the issuance of Advocate Codes are final and binding.

Referral Codes and Advocate Codes (“Program Rewards”) are non-transferable, have no monetary value, and may not be redeemed for cash. The Program or the Program Rewards may be modified or terminated at any time in Casper’s sole discretion. Program Rewards may not be applied to bundles, final sale, clearance items, or Casper Outlet purchases. Program Rewards cannot be stacked with each other and may not be combinable with other discounts. Other exclusions may apply.

Any communications or posts made by a participant in connection with the Program may not contain content that (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Casper or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than the individual issuing the communication; (vi) communicates messages or images inconsistent with the positive image and good will of Casper’s brand; (vii) violates Casper’s Terms and Conditions; and/or (viii) violates any law or requirement of the platform on which it appears. Any Program communications that contain, depict or show such content will result in the disqualification of the individual issuing them as determined in Casper’s sole discretion.

X. Warranty

We stand behind our Products. For specific warranty information applicable to our Products, please see https://casper.com/warranty (the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms as if fully set forth herein. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at support@casper.com.

XI. Refunds and returns; cancellation

Cancellations.
You may cancel an order placed through the Services at any time prior to shipment by going to a Casper Store to cancel the order or calling Casper customer service.

Returns.
Subject to the exceptions set forth below, you may return any Product purchased from the Services within the applicable Product’s trial period, each “Trial Period” beginning upon your receipt of such Product, (each, a “Trial Period”), provided that the Product you are returning is located in the United States (not including US territories), after the 30-Night Adjustment Period (if the Product is a Casper mattress), and subject to the conditions described below. You can find a summary of our Trial Periods policy here.
You can also learn more about the 30-Night Adjustment Period  here.
Any refunds will be issued in the form of the original payment. If we are unable to refund in the form of the original payment (for example, if the credit card you made the purchase on has been canceled or closed), you will be issued a bank wire or PayPal refund. If you purchased a Product from the Services using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.

Trial Period Exceptions.
Any Product that is (a) marked as “Final Sale” or “Clearance” or (b) purchased as part of a “bundled” product offering (each such offering, a “Bundle”), to the extent not accompanied by the entire Bundle, may not be returned or exchanged, except in the event of a Defect, as defined in the applicable Product Warranty, or unless otherwise specified. See additional information here.

Return Procedure.
Return shipping is free, provided that you are returning the Product from within the United States (not including US territories) and in accordance with the conditions set forth in these Terms and our Trial Period and 30-Night Adjustment Period policies. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.
  • Mattress: If you want to return your Casper mattress, we would be happy to arrange a return pick-up after the 30-Night Adjustment Period if the mattress is within the applicable Product’s Trial Period, please e-mail Casper at support@casper.com to arrange a return pick-up.
  • Bed Frame and Other Furniture: If you want to return a bed frame or any other furniture purchase within the applicable Product’s Trial Period, please e-mail Casper at support@casper.com to arrange a return pick-up. If you purchased your Casper bed frame or other furniture purchase with a Casper mattress, including as part of a Bundle, the applicable Trial Period will be the same as the Trial Period for the Casper mattress.
  • Other Products: If you want to return any other Product within the applicable Product's Trial Period, please refer to your order confirmation email, click on the order number, and select the item you would like to return. Please follow the instructions and confirm the return. After confirmation, you will receive an e-mail containing a complimentary UPS shipping label for you to apply to the box as well as a return receipt. Please place the Product you would like to return, along with the return receipt, in the box, affix the shipping label to the outside of the box, and drop off the box at your nearest UPS location. All returns must be delivered to UPS prior to the expiration of the applicable Product’s Trial Period.
Return Conditions.
The following conditions also apply to Product returns:
  • You can return your Casper item and get a full refund within 30 days of delivery or within 30 days of an in-store purchase, provided the merchandise is unused and in its original packaging and condition.
  • Products may not be returned from outside the United States.
  • Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address (i.e. please try a Product first—we are happy to send you more later!)
  • If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional Trial Periods on subsequent orders of that particular Product (e.g. if you return a Casper pillow, you will not be eligible for the applicable Trial Period on future Casper pillow orders).
  • For Bundles, (i) an entire Bundle may be returned and (ii) the longest Trial Period applicable to any Product included in that Bundle will be the applicable Trial Period for the entire Bundle. Individual Products within a Bundle may not be returned separately.
Confirmation of Return Information.
Within five days of our receipt of your request, California residents may receive confirmation of our return and refund information by email by contacting us as provided below.

Title.
Risk of loss and title for Products purchased from Casper pass to you upon delivery of such Products (by Casper or our manufacturer) to the carrier. You are responsible for filing any claims with carriers, such as UPS, for damaged shipments.

Third-Party Seller Returns and Refunds.
Notwithstanding anything provided in these Terms, the return of any Product(s) ordered, purchased or received from any Third-Party Seller and any refunds issued in connection with such Product(s) will be subject to the terms and conditions of such Third-Party Seller. Please contact the Third-Party Seller from which you ordered, purchased or received the Product for their applicable terms and conditions regarding returns and refunds.

XII. Content you submit to Casper

From time to time, Casper may allow you to post reviews, comments, photos, or similar materials on the Sites or Apps (collectively, “Reviews”). We welcome your comments regarding our Services.

By posting a Review, you agree that:
  • The Review complies with these Terms;
  • You are actually a user of the Product being reviewed in the Review;
  • The Review reflects your honest opinions, findings, beliefs, or actual experience using the Product(s); and
  • You will disclose (in easy-to-understand language and in an unavoidable place) if you received any Product(s) mentioned in your Review for free, or if you have any other connection to Casper that might materially affect the weight or credibility of your Review.
By posting a Review on any of our Sites or Apps, you hereby grant Casper an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Sites or Apps, for any purpose, including promoting and marketing Casper and the Products. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Casper through the Sites or Apps, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Sites or Apps, or you have all rights, licenses, consents, and releases that are necessary to grant to Casper the rights in your Review as contemplated under the Terms, and (ii) the Reviews you post to the Sites or Apps do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Casper to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

No Objectionable Content.
Casper reserves the right not to post or delete any Review that:
  • We reasonably believe is fake or is:
    • unlawful
    • unrelated to the goods or services offered by us
    • clearly false or misleading
    • harassing or abusive
    • inappropriate with respect to race, gender, sexuality, ethnicity or another intrinsic characteristic
    • defamatory, libelous, or slanderous
    • violative of the Terms of Use
  • Contains:
    • unlawful material
    • personal information or likeness of another person
    • trade secrets, or privileged information
    • confidential commercial or financial information
    • personnel and medical files or similar information
    • records or information compiled for law enforcement purposes
You agree not to submit Reviews that: (i) are or could be interpreted to be unlawful, infringing, defamatory, slanderous, libelous, inaccurate, unlawful, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote discrimination, bigotry, racism, hatred, or in violation of any rights of any third-parties as determined by Casper in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring.
Other than to comply with law, Casper has no obligation to monitor the Sites or Apps or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews to address Objectionable Content or to otherwise comply with the law, at any time and from time to time, without notice or further obligation to you. Casper, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

XIII. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites or Apps infringe your copyright, you (or your agent) may send Casper a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

Procedure for reporting copyright infringement. A notice of infringement under the DMCA must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites or Apps are covered by a single notification, a representative list of such works);
  • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Casper to locate the material on the Sites or Apps;
  • Your name, address, telephone number, and e-mail address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
Once the infringement notification is received by our designated agent, we will remove or disable access to the infringing material, and when required, promptly notify the alleged infringer that we have removed or disabled access to the material.

Counter-notices.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Casper a counter-notice. The counter-notice must include the following information:
  • Identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
  • A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which our business is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
  • Your name, address, telephone number, and e-mail address (if available);and
  • Your physical or electronic signature;
If a counter-notice is received by our designated agent, a copy of the counter-notice will be sent to the complaining party informing that person that we will replace the removed material or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed material will be replaced, or access to it restored, within 14 business days after receipt of the counter-notice. In all events, you expressly agree that neither Casper nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement.

Designated agent.
Notices and counter-notices with respect to the Sites or Apps should be sent to 196 Mercer St, Ground Floor, New York, NY 10012 or copyright@casper.com. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

XIV. Use of the Sites and Apps

You agree to use the Sites and Apps only for their intended purposes. You must use the Sites and Apps in compliance with these Terms and Conditions and all applicable laws, including those concerning privacy, data protection, and intellectual property. The following uses of the Sites and Apps are expressly prohibited. You agree that you shall not, and shall not attempt to do or authorize or encourage any third party to do, any of the following:
  • interfere with, harm, reverse engineer, steal from, disrupt, or gain unauthorized access to the Sites or Apps, any user of the Services, or the technology and equipment supporting the Sites or Apps;
  • upload, post, email, transmit, or otherwise make available through the Sites or Apps any viruses or other harmful, disruptive, or destructive files;
  • frame, mirror, link to, or otherwise simulate the appearance or function of the Sites or Apps without permission;
  • use data mining, robots, or other data gathering devices on or through the Sites or Apps;
  • post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  • disclose personal information about another person or harass, abuse, stalk, threaten, or harm another user of the Services or post objectionable material;
  • sell, transfer, or assign any of your rights to use the Sites or Apps to a third-party;
  • post advertising or marketing links or content, except as specifically allowed by these Terms;
  • use the Sites or Apps in an illegal way or to commit an illegal act or that otherwise results in fines, penalties, and other fees or liability to Casper or others; or
  • access the Sites or Apps from a jurisdiction where it is illegal or unauthorized.
XV. Additional Terms for iOS Apps

In addition to the other provisions of these Terms, the following provisions apply with respect to your use of any version of our Apps compatible with Apple Inc.’s iOS operating system.

A.   You and Casper acknowledge that these Terms of Use are between you and Casper only, and not with Apple. Casper, not Apple, is solely responsible for its websites and apps, and the content therein.

B.    The license right you have been granted in these Terms of Use is limited to a non-transferable license right to use Casper’s apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our Apps, such as your wireless data service agreement.

C.    You and Casper acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the websites and apps.

D.   Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Casper’s sole responsibility.

E.    You and Casper acknowledge that Casper, not Apple, is responsible for addressing any of your claims or any third-party claims relating to our Apps or your possession and/or use of our Apps, including, but not limited to: (i) product liability claims; (ii) any claim that our Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

F.    You and Casper acknowledge that, in the event of any third-party claim that one of our Apps infringes that third party’s intellectual property rights, Casper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

G.   Any questions, complaints or claims with respect to our Apps should be directed to us, using the information provided at the end of these Terms and Conditions.
H.   You and Casper acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

XVI. Disclaimer

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties, whether on our Sites or Apps, on third-party websites or applications linked from our Sites or Apps, or elsewhere on the Internet. You accept that any reliance on material posted by third parties will be at your own risk. By using the Sites or Apps, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Sites or Apps at any time, including availability of the Sites or Apps or any feature, without notice or liability.

Disputes between users.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Sites or Apps. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Casper of all claims, demands, and damages in disputes among users of the Sites or Apps. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites or Apps.

Content accuracy or quality.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of any Site or App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites or Apps. Use the Sites or Apps at your own risk.
We make no promises and, to the fullest extent permitted by law, disclaim all liability from the use of the Sites or Apps.

Released parties defined.
As used in these Terms, “Released Parties” include Casper and its affiliates, parent companies, and each of their respective owners, directors, officers, managers, employees, agents, representatives, partners, and licensors.

EXCEPT AS EXPRESSLY PROVIDED IN THE MATTRESS WARRANTY, SHEETS WARRANTY, PILLOWS WARRANTY, MATTRESS TOPPER WARRANTY, DOG BED WARRANTY, FOUNDATION WARRANTY, MATTRESS PROTECTOR WARRANTY, BED FRAME WARRANTY, DUVET AND BLANKET WARRANTY, ADJUSTABLE BASE WARRANTY, FURNITURE WARRANTY, GLOW WARRANTY, OR ANY OTHER PRODUCT WARRANTY FOR PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITES, APPS, AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITES, APPS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITES OR APPS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR APPS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, GOOD OR SERVICE AVAILABLE THROUGH THE SERVICES, IN ANY CASPER STORE OR THROUGH ANY THIRD PARTY SELLER WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR APPS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

XVII. Limitation on liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR APPS; (ii) THE SERVICES PROVIDED ON THE SITES OR APPS, IN A CASPER STORE OR BY A THIRD-PARTY SELLER OR THE PURCHASE, RECEIPT, ORDER OR USE OF THE PRODUCTS; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITES OR APPS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITES OR APPS; (vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vii) ANY OTHER MATTER RELATING TO THE SITES, APPS, ANY CASPER STORE, THE SERVICES, THE PURCHASE, THE RECEIPT, ORDER OR USE OF THE PRODUCTS OR THESE TERMS.

YOU ACKNOWLEDGE THAT CASPER WOULD NOT PROVIDE ACCESS TO ITS SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS ON LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THESE LIMITATIONS ON LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. IN THOSE JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.

XVIII. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal, attorneys’, and accounting fees, arising out of or in any way connected with: (a) your use or misuse of the Services, including without limitation, any Sites or Apps, or misuse of Products; (b) your breach of any representation, warranty, covenant, agreement, or provision in these Terms; (c) your violation of any law, regulation, judgment, order, or decree, or the rights of any third party, including without limitation, any intellectual property, privacy, contractual, or other rights; (d) all use of, and activities that occur under, Your Account (whether conducted by you or another) and any actions that take place through your access to the Services and/or the Content; (e) any fraud, manipulation, deception, or misrepresentation by you; or (f) any dispute, issue, interaction, exchange, or agreement between you and any third party (including another user of the Services). You may not settle any claim in any manner that binds any Released Parties without Casper’s express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim. Neither we nor the Released Parties have any duty to defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms, the Services, or your use of the Services.

XIX. Dispute Resolution

The following terms govern all disputes, claims, and causes of action arising out of or relating to the Services, the Products, these Terms, and/or our Privacy Policy (collectively, “Disputes”).

References to “Casper”, “you”, “we”, and “us” in this dispute resolution provision include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises.

A.   Class Action Waiver / Jury Trial Waiver
You and Casper agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Casper may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Casper may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. This provision shall not be construed as a waiver of your right to seek public injunctive relief under California law to the extent such right may otherwise be available to you.

You and Casper agree that all Disputes shall be resolved by a judge rather than a jury, and each party irrevocably and unconditionally waives any right we or you may have to a trial by jury.

B.    Time Limitation

You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

C.   Venue

All Disputes must be litigated in a federal or state court in New York County, New York. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for New York County, New York.

XX. Termination

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Sites and Apps, and to block or prevent future access to and use of any of the Sites, Apps, or any Casper Store for any reason or no reason.

XXI. Survival

Any provision of these Terms that by its nature would extend beyond expiration or termination of these Terms shall remain in effect in perpetuity or, if applicable, until fulfilled. This includes, without limitation, the provisions on intellectual property, disclaimers, limitation of liability, and dispute resolution.

XXII. Modification

We reserve the right to update and revise these terms at any time. Your use of or access to the Services after we change the Terms constitutes your acceptance of these Terms. You may not amend or modify these Terms without our prior, express, and written consent

XXIII. Successors and Assigns

These Terms will be binding on and inure to the benefit of the parties and (as applicable) their respective successors, heirs, executors, legal representatives, affiliates, and authorized assigns. You may not, directly or indirectly, assign all or part of your rights or obligations under these Terms to any other person or entity without first obtaining the written permission of Casper. Any purported assignment without Casper’s prior written approval shall be null and void.

XXIV. Waiver

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other provision within these Terms.

XXV. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

XXVI. Entire agreement

Except as explicitly noted above, these Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Casper with respect to the Services, the Sites, Apps, and/or the purchase, receipt, order or use of the Products, at any time, past, present, or future, and supersede all prior or contemporaneous terms, conditions, communications and proposals, whether electronic, oral or written with respect to the Services, Sites, Apps, and/or the purchase, receipt, order or use of the Products. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

XXVII. Contact Us

If you wish to contact us about these Terms of the Service, you can reach us at:

Casper Sleep Inc.
196 Mercer Street, Ground Floor
New York, NY 10012

California consumers who have any concerns about our Services may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov