Terms of Sale

‍Project Dasein LLC (“Aletheia Run”)

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‍These Terms of Sale ("Terms") constitute a binding agreement between Project Dasein LLC (“Aletheia Run”, "we," "us," or "our"), and the individual or entity ("Member") subscribing to services or purchasing the Aletheia Sensor, Charger, Belt, and mobile application ecosystem (together, the “App”), as well as other software, “Subscription” or “Membership” services, associated firmware, websites, APIs, or products we offer (collectively, our “Services”). By subscribing to our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING PRODUCTS OR A MEMBERSHIP (EACH AS DEFINED BELOW) OFFERED BY ALETHEIA RUN. 

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These Terms, together with our Terms of Use, outline the legally binding terms and conditions for your purchase and use of Aletheia Run products. This includes, but is not limited to, Aletheia Sensor, Charger, Belt, memberships, peripherals, accessories, apparel, and any products offered by an Aletheia Run Authorized Partner. These products may be purchased through our online store (the “Store”) or from an authorized third-party retailer or marketplace (“Authorized Reseller”) (collectively referred to as the “Services” or the “Aletheia Run Products”). These terms provide important details regarding your purchase, the Services, the Products, and any associated charges or billing.

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1. INTRODUCTION

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Some of our Products and Services, such as Aletheia Sensor, Charger, Belt, and mobile application ecosystem, are provided in conjunction with subscription services offered by Aletheia Run (the “Membership”). These services allow users to analyze crucial aspects of your running form to help you run smarter, safer and for longer collected by the Aletheia Sensor. To access the Membership, users must create an account (“Account”), as outlined in our Terms of Use. If you are a user of a Product that requires agreement to the Terms of Use for activation, please review our Terms of Use for specific details regarding your Membership and related services. If you are purchasing a gift where agreement to the Terms of Use is required for the recipient to use the Product, the recipient will need to review and agree to our Terms of Use before using the Product, Membership, or related services.

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While the Store is accessible worldwide, the Products offered through the Store are not specifically designed or tested for use in all countries. By choosing to access the Store and/or use the Products, you do so at your own discretion and are solely responsible for ensuring compliance with applicable local laws in your country. Please be aware that the Store, the Products, and any related services may not be suitable for use in all countries, and some or all features may be unavailable or inappropriate in certain locations.

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2. ALETHEIA RUN AUTHORIZED PARTNERS

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Aletheia Run may collaborate with select brands (collectively, the “Aletheia Run Authorized Partners”) to enable the integration of certain Aletheia Run Products and Services with other products offered by these partners. Any Aletheia Run Authorized Partners and their associated products will be clearly identified in the Store.

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3. AVAILABILITY

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All Products offered through the Store or by an Authorized Reseller are subject to availability. Aletheia Run reserves the right to impose quantity limits on any order, reject all or part of an order, and discontinue the availability of certain Products without prior notice. To the extent permitted by applicable laws, we make no guarantees, warranties, or representations about the completeness, accuracy, reliability, validity, or timeliness of any listings, descriptions, or images (including, but not limited to, features and specifications such as weights and dimensions) for Products available through the Store or via an Authorized Reseller. Information regarding Product availability (including the validity of any coupons or discounts) may change at any time without notice.

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While we strive to display the attributes of Products accurately, including colors, the colors displayed on the Store may vary depending on your device or computer system, and we cannot guarantee their accuracy. It is your responsibility to understand and comply with all applicable local, state, federal, and international laws (including minimum age requirements) related to the purchase, possession, and use of any Product and Services.

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4. PRICING

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Prices are displayed in the applicable currency based on your selected location. Your total cost for Products will include the listed price of the Products in your order, any applicable sales tax, and shipping charges, minus any discounts or promotional offers applied.

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Aletheia Run reserves the right to modify prices at any time. However, any price changes will not affect orders for Products placed and confirmed before the change. We do not offer price protection or refunds for price drops or promotional discounts applied after your purchase.

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If a Product is mistakenly listed at an incorrect price on the Store due to a typographical error or incorrect pricing information from our suppliers, we reserve the right to cancel or refuse any orders for the incorrectly priced Product. This applies regardless of whether the order has been confirmed or your payment method charged. If your credit or debit card has already been charged for the purchase and the order is canceled, we will issue a prompt credit to your account for the amount of the incorrect price paid.

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5. PAYMENT

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1. Terms. Any payment terms presented to you in the process of purchasing your Products are deemed part of these Terms of Sale and are incorporated herein by reference. For all orders, Aletheia Run calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by Aletheia Run, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account at plans.aletheia.run/sign-in and editing your payment information.

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2. Billing. We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Sale. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

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3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.

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6. RESALE AND TITLE TRANSFER

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Purchases made through the Aletheia Run website or via an Authorized Reseller are strictly intended for personal use by end users and are not authorized for resale. Aletheia Run reserves the right to cancel or refuse any order if we suspect the Products are being purchased for resale purposes.

Ownership of Products purchased through the Aletheia Run website transfers to the purchaser at the time the Products are delivered to the freight carrier. However, Aletheia Run and/or the freight carrier assume responsibility for any loss or damage to the Products during transit to you. For Products purchased from an Authorized Reseller, ownership transfers to the purchaser at the time of purchase.

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7. SHIPPING AND DELIVERY

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For purchases made through Aletheia Run, shipping charges and delivery methods vary based on the recipient’s location and are detailed on our website.

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1. United States Shipping. The Aletheia sensor will be shipped to Members for a flat shipping fee, unless the Member opts to collect the product from a designated partner location, in which case the shipping fee is waived. All shipping fees are non-refundable.

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2. International Shipping. For members located outside the United States, shipping fees are calculated based on the country from which the order is placed. It is the responsibility of international members to review and understand the applicable shipping fees for their region prior to completing their purchase.

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Please note that any estimated delivery or arrival dates provided are approximate and not guaranteed. Aletheia Run is not responsible for delays in delivery. If you refuse delivery of your order, the items will be returned to our warehouse.

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8. WARRANTY AND RETURN POLICY

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1. Our 30-Day Return Policy. If you are unsatisfied with your Aletheia Products or the associated Services, you may cancel your Membership and return your Aletheia Sensor at your own expense within thirty (30) days of receiving the Sensor for a full refund of your Initial Membership Fee. The refund will be processed through your original payment method, less any return shipping costs. For purchases made directly from Aletheia Run, you can request a return within thirty (30) days of receiving your Aletheia Sensor by following the instructions outlined in the “Standard Return Procedure” section below. For purchases made through an Authorized Reseller, the Aletheia Sensor (including hardware and any accessories) must be returned to the original point of sale, subject to the Authorized Reseller’s return policy. Aletheia Run does not issue refunds for purchases made from third-party resellers, retailers, or marketplaces.

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2. Standard Return Procedure. To initiate a return, contact Aletheia Run Support at support@aletheia.run. A return shipping label will be provided to you. Once the return is requested, you will be eligible for a refund of your Initial Membership Fee, less any applicable return shipping costs, as long as the Aletheia Sensor (including hardware and any accessories) is received by Aletheia Run within thirty (30) days from the date the return was requested. To cancel your Membership and receive a refund, you must return the Aletheia Sensor (including hardware and any accessories) as outlined above. Returns not received within the 30-day period will not qualify for a refund.

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3. After the 30-Day Period. If more than thirty (30) days have passed, you may still return the Aletheia Sensor (including hardware and any accessories), but you will not be eligible for a refund of the Initial Membership Fee. While you can cancel your Membership at any time, cancellation after the 30-day period will take effect at the end of your initial subscription term. Once a return is initiated, Aletheia Run will deactivate the Account associated with the returned Sensor. Returned Sensors (including hardware and any accessories) may be refurbished or repurposed as replacement devices.

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4. Lifetime Warranty. Aletheia Run warrants that your Aletheia Sensor and any associated accessories are free from defects in materials or workmanship for as long as you maintain an active Membership with no unpaid balance or fees. During this Warranty Period, if your Sensor or accessories are defective, Aletheia Run will provide a replacement at no additional cost, subject to the conditions below.

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To qualify for the Lifetime Warranty, you must:

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• Maintain an active Membership with no outstanding balance or unpaid fees.
• Have a valid Payment Method on file, should a restocking fee apply.
• Purchase the Aletheia Sensor and any associated accessories directly from Aletheia Run or an approved Aletheia Run partner.

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The Lifetime Warranty Cover:

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• Defective Aletheia sensor
• Defective charger
• Aletheia sensor that has been damaged due to circumstances that have rendered the device inoperable or impacts accurate data collection

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If you have any issues with the above items, Membership Services will help you resolve them and issue a replacement as needed, as long as you purchased Aletheia Run or an approved partner, have an active membership, and have a valid payment method on file. Terms and conditions apply.

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The Lifetime Warranty Does Not Cover:

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• Lost or stolen Aletheia sensors, chargers, or belts
• Aletheia sensors, chargers, or belts with cosmetic damage
• Aletheia sensors, chargers, or belts that have been damaged
• Aletheia sensors, chargers, or belts that have been modified in an unauthorized manner
• Aletheia sensors, chargers, or belts that have undergone an attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the sensor or battery pack
• Aletheia sensors, chargers, or belts that have an altered factory model name and/or serial number

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This Lifetime Warranty provides specific legal rights and may vary depending on your location. In some cases, warranty terms may differ for Members participating in an Aletheia Run partnership, but only to the extent permitted by applicable law.

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9. DATA PROTECTION

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When you place an order for Products and Services, you acknowledge and agree that Aletheia Run may collect, store, share, and process data provided through your order form or other communication methods (e.g., phone, email) for the purpose of fulfilling your order. To facilitate delivery and payment, Aletheia Run collaborates with third-party service providers, such as shipping carriers and payment processors, and you authorize Aletheia Run to share relevant information with these providers to complete your transaction.

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10. ELECTRONIC COMMUNICATIONS

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When you interact with Aletheia Run through the website, our mobile app, or by sending us an email, you are communicating with us electronically. You consent to receive agreements, notices, disclosures, and other communications from us electronically, and you agree that such communications satisfy any legal requirement for written communication. By placing an order through the Store, we collect and store your email address, which we may use to send you updates about our products and services. You can opt out of these emails at any time.

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11. NOTIFICATIONS

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Aletheia Run may send you notifications as required by law, for marketing purposes, or for other reasons via email to the primary email address associated with your Account, by postal mail, or by posting the notice on the Aletheia Run website and app. We are not responsible for any automatic filtering applied to our email notifications by your email provider or network. To ensure you receive these emails, we recommend adding Aletheia Run email addresses (e.g., *@aletheia.run) to your contacts or email safe list. Notifications sent via email will be considered delivered on the date the email is sent.

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12. FORCE MAJEURE

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Aletheia Run shall not be held liable or responsible for any failure to fulfill, or delay in fulfilling, any of its obligations under a contract caused by events or circumstances beyond its reasonable control. These may include, but are not limited to, acts of God, labor strikes, lockouts, or other industrial actions by third parties, civil unrest, riots, acts of terrorism, wars, fires, explosions, storms, floods, earthquakes, epidemics, pandemics, or other natural disasters. Additionally, disruptions to public or private telecommunications networks, or the unavailability of railways, shipping, air travel, motor transport, or other public or private modes of transportation, shall also fall under this provision.

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13. PROTECTION OF CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

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Regardless of any other provision in these Terms, Aletheia Run reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to safeguard its confidential information and intellectual property or to prevent data loss or harm to its servers.

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14. ASSIGNMENT

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These Terms of Sale, along with any associated rights or licenses, cannot be transferred or assigned by you without prior approval. However, Aletheia Run may assign these Terms without restriction, provided such assignment does not alter your rights under these Terms. All provisions of these Terms of Sale will remain binding on and benefit Aletheia Run’s successors and permitted assigns.

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15. SEVERABILITY

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If any provision of these Terms of Sale is deemed invalid or unenforceable by a court of competent jurisdiction, that determination shall not affect the validity or enforceability of the remaining provisions, which will continue in full effect.

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16. NON-WAIVER

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If we don't enforce a part of these Terms of Sale one time, that doesn't mean we've given up our right to enforce it in the future. Any waiver by us must be in writing to be valid, and it only applies to that specific instance.

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17. FOLLOWING EXPORT LAWS

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You are responsible for following all relevant export laws and regulations, including those of the U.S. This means you cannot send the products, services, or related technical information to anyone or any place that is prohibited by these laws.

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18. GOVERNING LAW AND JURISDICTION 

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These Terms of Sale are governed by the internal substantive laws of the State of Oregon, without regard to its principles of conflicts of law. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Deschutes County, Oregon.

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19. ADDITIONAL TERMS

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Additional terms may apply to certain Products and Services. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.

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