These Terms and Conditions govern your access to and use of the website, mobile applications, the Aura Clarus wearable device, and all related products and services provided by Adarna Inc.
Adarna Inc. ("Adarna," "we," "us," or "our") is a corporation incorporated under the General Corporation Law of the State of Delaware, United States, with its mailing address at 28 Geary Street, Suite 650 #366, San Francisco, CA 94108, United States.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
1. Eligibility
You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
2. Account Registration
Certain features of the Services require you to create an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate and current
- Maintain the security and confidentiality of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorised use of your account
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.
3. Use of Services
3.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms. The Services are intended for personal, non-commercial health monitoring and wellness tracking.
3.2 Prohibited Conduct
You agree not to:
- Use the Services in any way that violates applicable laws or regulations
- Attempt to gain unauthorised access to any part of the Services or our systems
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in the Services
- Use the Services to transmit malware, viruses, or other harmful code
- Interfere with or disrupt the integrity or performance of the Services
- Use automated means (bots, scrapers, crawlers) to access the Services without our express written permission
- Reproduce, redistribute, or commercially exploit any content from the Services without our prior written consent
- Use the Services to collect or harvest personal data of other users
4. Health and Medical Disclaimer
The Services, including all health data, metrics, insights, scores, and recommendations provided through the Aura Clarus device and applications, are intended solely for general wellness and informational purposes. They are not intended to be, and must not be construed as:
- Medical advice, diagnosis, or treatment
- A substitute for professional medical consultation, examination, or care
- A medical device for the diagnosis, cure, mitigation, treatment, or prevention of any disease or condition (unless explicitly stated with applicable regulatory clearance)
Always consult a qualified healthcare professional before making any health-related decisions based on information obtained through the Services. If you are experiencing a medical emergency, contact your local emergency services immediately. Do not rely on the Services for emergency medical decisions.
The accuracy of health measurements may vary based on factors including device fit, skin type, movement, environmental conditions, and individual physiology. IBT Aura does not guarantee the accuracy, completeness, or reliability of any health data or metrics provided through the Services.
5. Intellectual Property
5.1 Our Intellectual Property
All content, technology, software, algorithms, product designs, inventions, trademarks, trade names, logos, graphics, visual elements, written materials, and all other intellectual property rights in or arising from the Services are the exclusive property of Adarna Inc. These assets are protected under applicable United States law, including the Patent Act (Title 35 of the United States Code), the Lanham Act, and the Copyright Act (Title 17 of the United States Code), and applicable international intellectual property treaties.
5.2 Limited Licence
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use. This licence does not include the right to:
- Modify, copy, or create derivative works based on the Services
- Sublicence, sell, resell, or commercially exploit the Services
- Use the Services to build a competing product or service
5.3 User Content
You retain ownership of any content you submit through the Services (such as feedback, reviews, or support communications). By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display such content for the purpose of operating and improving the Services.
6. Pre-Orders, Payments, and Refunds
6.1 Pre-Orders
If you place a pre-order for the Aura Clarus device, you agree to the pricing, estimated delivery timeline, and terms presented at the time of your order. Pre-order pricing is subject to change, but any price changes will not affect orders already placed and confirmed.
6.2 Payments
All payments are processed through secure, PCI-DSS compliant third-party payment processors. We do not store your complete payment card information on our servers. All prices are displayed in United States Dollars (USD) unless otherwise specified, and are exclusive of applicable taxes unless stated otherwise.
6.3 Refunds and Cancellations
Refund and cancellation policies for pre-orders and product purchases will be communicated at the time of purchase and are governed by the applicable product-specific terms. In general:
- Pre-order cancellations made before the product ships are eligible for a full refund
- Returns of delivered products are subject to our return policy, which will be published with the product launch
- Refunds will be processed to the original payment method within a reasonable timeframe
7. Third-Party Services
The Services may contain links to or integrations with third-party websites, applications, or services. IBT Aura does not control, endorse, or assume responsibility for any third-party content or services. Your interactions with third-party services are governed by their respective terms and privacy policies. We encourage you to review those terms before use.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- IBT Aura and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Services
- Our total aggregate liability for any claims arising from or related to the Services shall not exceed the amount you paid to IBT Aura in the twelve (12) months preceding the event giving rise to the claim
- We shall not be liable for any loss or damage arising from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, network failures, or third-party service outages
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.
9. Indemnification
You agree to indemnify, defend, and hold harmless Adarna Inc., its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
- Your use of or access to the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights
10. Modification of Services and Terms
IBT Aura reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We also reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the Services or by other appropriate means. Your continued use of the Services after any modification constitutes your acceptance of the updated Terms.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination:
- Your licence to use the Services will immediately cease
- You may request a copy of your personal data before account deletion
- Provisions of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will continue to apply
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware and the applicable federal laws of the United States, without regard to conflict-of-law principles. Any disputes arising from or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least thirty (30) days following written notice of the dispute.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Adarna Inc. regarding your use of the Services. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us:
Adarna Inc.
28 Geary Street, Suite 650 #366,
San Francisco, CA 94108, United States
Email: contact@adarna.us