Atlas Wearables
Terms of Service and Terms of Sale

Atlas Wearables, Inc. (“Atlas”, “us” or “we”) provides both wearable electronic devices (each, a “Device”) and embedded software applications (“Apps”) that the Device to measure various biometric and personal activity metrics. In addition, Atlas provides this Website (the “Website”).

These Terms of Service (the “Terms”) set forth the legally binding terms and conditions governing your use of the Website and the means of pre-ordering the Device being offered on the Website (“Preorder Service”).

BY USING THE WEBWEBSITE OR PREORDER SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND BY THE ATLAS PRIVACY POLICY (WHICH IS HEREBY INCORPORATED BY REFERENCE). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBWEBSITE OR THE PREORDER SERVICE.

  1. Modification. Atlas may modify these Terms from time to time, at its sole discretion, by posting notice of the change on the Services and any changes to these Terms will be effective immediately. If you do not agree to any change after receiving a notice of such change, you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of the changes. Please regularly check the Website to view the then-current Terms. If you have used the Preorder Service to place a preorder, we will notify you of any material changes to such Terms by sending you an e-mail to the e-mail address specified when you placed your preorder, and such changes shall be effective for you upon the earlier of thirty (30) calendar days of the date of such email or your written acceptance of such revised terms. In the event of any changes to these Terms have an adverse affect on any material term of your preorder, you may cancel your preorder at any time during the thirty (3) day period.
  2. Eligibility. By using the Website, you represent and warrant that you are at least thirteen (13) years or older. By using the Preorder Service, you represent and warrant that: (a) all information you submit in connection with your preorder is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are of legal age to form a binding contract with Atlas. We reserve the right to delete your preorder without warning if we believe that you have breached any of the foregoing representations or warranties.
  3. Preorders.
    1. When you place your preorder, we collect certain information from you. This information is governed by the Atlas Privacy Policy, which is incorporated in these terms by reference. Preorders are subject to the following shipping Terms:
      1. You represent that (a) the credit card or debit card information (“Payment Method”) information that you supply is true, correct and complete;
      2. You agree to pay the amount stated for the Device that you have preordered and that Atlas is authorized to charge your payment card at the time of order for all fees and charges due and payable to Atlas, using our third party credit card payment processor;
      3. You agree that no additional notice or consent is required before Atlas charges your Payment Method;
      4. You agree to immediately notify Atlas of any change in your Payment Information associated with the Payment Method and if your Payment Method is invalid for any reason, declined, or charged back, or if we do not receive payment, we will cancel your preorder and you will be required to immediately return your Device;
      5. You agree to pay all fees and charges incurred in connection with your preorders a (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when your Payment Method is charged and
      6. When you place your preorder, we will email you a projected shipping date (“Ship Date”). If for any reason, the Device is unavailable by your Ship Date, Atlas will inform you by email of such delay and you may either (i) cancel your preorder, in which case your credit card will not be charged, or (ii) you may consent to such delay by responding to the email, in which case, Atlas will provide you with a revised Ship Date. You agree that cancelling any preorder is your only remedy for any delay or failure to meet the Ship Date.
    2. You shall notify us in writing within seven (7) days after we charge your Payment Method, if you dispute any of our charges or such dispute will be deemed waived. All notices regarding billing disputes must be sent to the following address: info@atlaswearables.com
    3. All sales of Devices are subject to Atlas’s then-current return policies, as posted on the Website.
    4. All Devices sold by Atlas are subject to the written limited warranty terms, if any, that accompany such Product.
    5. All Devices shall be shipped from Atlas’s designated point of shipment, and title and risk of loss to each shipment of the Devices shall pass to you when Atlas makes such shipment available to a carrier.
  4. Website Content. Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”)are owned by Atlas and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Atlas and you, all right, title and interest in and to the Content will at all times remain with Company and/or its Owners. The word “Atlas,” “Atlas Wearables,” and the “Atlas” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Atlas.
  5. Third-Party Links. The Website or the Services may contain links to advertisements, Websites and services operated by third parties (“Third Party Services”). Such Third Party Services are not under the control of Atlas, and Atlas is not responsible for the content of any third party Website or any link contained in a Third Party Service. Atlas provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. Please be aware that the terms of our Privacy Policy do not apply to these outside Websites.
  6. Warranty Disclaimer. The Devices are still in the development stage and all information provided on the Website is subject to change. Atlas is not responsible for any incorrect or inaccurate Content (including any product descriptions). Without limiting the foregoing, the Devices are provided for entertainment and recreational purposes only, and are not part of a physician-approved health, fitness, or exercise program. Consult your physician before undertaking any new health, fitness, or exercise program. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS, EXCEPT TO THE EXTENT THAT A SEPARATE WRITTEN LIMITED WARRANTY MAY BE PROVIDED IN CONNECTION WITH DEVICES, THE WEBWEBSITE AND DEVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, AND ATLAS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
  7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT ATLAS’S CUSTOMER CARE DEPARTMENT AT INFO@ATLASWEARABLES.COM
  8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ATLAS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBWEBSITE OR THE DEVICES, EVEN IF ATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATLAS’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, ARISING FROM OR RELATED TO (A) THE WEBWEBSITE OR THE SERVICES SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50); AND (B) ANY PRODUCTS PURCHASED THROUGH THE WEBWEBSITE SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  9. Release. You hereby release Atlas, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is directly or indirectly related to or arises from use of the Website or Devices. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  10. Indemnity. You agree to defend, indemnify, and hold Atlas, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the Services in violation of these Terms; or (b) your breach of any provision of these Terms.
  11. U.S. Export Controls. The Devices and Apps may be further subject to United States export controls. No Apps may be downloaded from the Devices or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using an App, you represent and warrant that such download or use is not in violation of any such law.
  12. Governing Law and Arbitration. These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Atlas agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Santa Clara, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded.
  13. Force Majeure. Atlas will not be liable for non-performance or delay in performance caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
  14. General. These Terms, including the Privacy Policy which is incorporated by reference, constitutes the final, complete and exclusive agreement between you and Atlas regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of these Terms are found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Atlas to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.