Pre-Order Policy & Refunds

Company Information

1. Terms of Service

By using this website ("Site"), purchasing a subscription for the "Dream Deus App" ("App"), or placing a pre-order for the "Horus V1" device ("Device"), you agree to be legally bound by these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you and Deus Omnis LLC ("Company," "we," "us," or "our").

1.1. Acceptance of Terms

By creating an account, making a purchase, or otherwise using our Site, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must not use our Site or purchase our products.

1.2. Health and Medical Disclaimer (CRITICAL ADDITION)

The content and data generated or found through our services are for informational purposes only and are not intended to replace the relationship between you and your physician or other healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read or experienced on our App or Site. Please speak with a healthcare provider if you have any concerns about your health, and consult your physician before making any changes to your lifestyle or if you use medical implants or other medical devices.

1.3. Permitted Age

Our Site, App, and Device are intended for use only by individuals aged 16 years or older ("Permitted Age"). If you are of the Permitted Age but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to ensure that you and your parent or guardian understand and agree to them. We do not knowingly collect personal information from children under 16.

1.4. Pre-Order Agreement for Horus V1 Device

• Payment: Your payment method will be charged the full price of the Device at the time you place your Pre-Order. This reserves your Device for future shipment.
• Estimated Shipment Date: The shipment date provided on the product page is an estimate only and is subject to change due to manufacturing, supply chain, or other unforeseen delays. We will make commercially reasonable efforts to meet this date.
• Shipping Delays and Cancellation Options (FTC Compliance): We adhere to the U.S. Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule. If we cannot ship by the original estimated date, we will notify you via email and offer you the option to either consent to a new, specific revised shipping date or cancel your order for a full and prompt refund. If we cannot meet the revised shipping date, we will send you a second notice. In this notice, we will state that if you do not affirmatively consent to the new delay, your order will be automatically canceled, and a full refund will be issued.

1.5. Dream Deus App Subscription

The App is offered on a subscription basis through the Apple App Store and Google Play Store. Your subscription is governed by the terms of those platforms in addition to these Terms. You are responsible for all subscription fees and applicable taxes.

1.6. Intellectual Property Rights

The Site, Device design, App software, content, logos, trademarks ("Horus," "Dream Deus"), and all other materials ("Content") are the exclusive property of Deus Omnis LLC and its licensors, protected by copyright, trademark, and other intellectual property laws. You do not acquire any intellectual property or other proprietary rights under these Terms, and any rights not expressly granted herein are reserved by Deus Omnis LLC.

1.7. User-Generated Content and Conduct

You are responsible for any text, feedback, data, or other materials you submit to the service ("User-Generated Content"). You represent that your User-Generated Content will not infringe any third party's rights, violate any law, or be defamatory, obscene, or abusive. By posting User-Generated Content, you grant Deus Omnis LLC a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content in connection with the service.

1.8. Third-Party Services

You are responsible for the selection, implementation, and performance of any third-party equipment, software, or services (e.g., Apple Health) used in connection with our products. We do not warrant or assume any liability for such third-party services, and your use of them is at your own risk and subject to the terms of that third party.

1.9. WARRANTY DISCLAIMER

1.10. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT SIGNIFICANTLY LIMITS OUR OBLIGATIONS TO YOU.

• Exclusion of Indirect and Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEUS OMNIS LLC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE DEVICE OR APP.
• Total Liability Cap: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT (HORUS V1 DEVICE) GIVING RISE TO THE CLAIM.

1.11. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations, including failure to ship the Horus V1 Device, resulting from any event or circumstance beyond our reasonable control. Such events may include, but are not limited to, acts of God, war, terrorism, pandemics, government orders or acts, strikes, and specifically disruptions in the global supply chain, shortages of components or raw materials, manufacturing facility failures or delays, and transportation or logistics failures. If a force majeure event continues for more than 120 consecutive days, we reserve the right to cancel your Pre-Order and issue a full refund, which will constitute our sole liability to you.

1.12. Governing Law and Dispute Resolution

• Governing Law: These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
• Jurisdiction: You irrevocably agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any disputes.
• Exception for Consumers: If you are a consumer, this choice of law and jurisdiction shall not deprive you of the protection afforded to you by mandatory provisions of your local law.

1.13. Miscellaneous

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

2. Privacy Policy

Deus Omnis LLC ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, use our Dream Deus App, or purchase our Horus V1 device.

2.1. Data Controller

The data controller for your personal information is: Deus Omnis LLC, 8 The Green, STE A, Dover, DE 19901, United States. For any privacy-related questions, please contact us at [email protected].

2.2. Information We Collect

We collect different types of information when you use our products and services:

• Purchase Information: When you place an order, we collect your name, shipping address, billing address, email address, phone number, and payment information.
• Account Information: When you create an account, we collect your name, email address, username, and encrypted password.
• Sensor Data: Data collected directly from the sensors on the Horus V1 device, such as brainwave patterns (electroencephalogram or EEG), heartbeat patterns (photoplethysmogram or PPG), and movement data.
• Processed Data: Data generated by our algorithms processing Sensor Data, such as calculated sleep stages, heart rate, heart rate variability (HRV), and breath rate.
• Activity Data: Data about your use of the App and Device, such as session start and end times, progress, trends, and achievements over time.
• Preference Data: Data you provide regarding your preferences, such as session reminders or notes you choose to input into the App.
• Transmission Data: Log data created when your device syncs with our servers, such as the IP address of your device, and the date, time, and duration of your sessions.

2.3. How We Use Your Information

• To Fulfill Your Order: We use your Purchase Information to process your order, manage payment, and ship the product to you.
• To Provide Core App Functionality: We use your Sensor Data and Processed Data to provide you with the core features of the Dream Deus experience, such as real-time feedback during sessions and post-session reports and analysis.
• To Manage Your Account and Provide Support: We use your Account Information, Activity Data, and Transmission Data to manage your account, provide customer support, and for technical troubleshooting.
• To Improve Our Products and Services: We use Activity Data, Preference Data, and Transmission Data for performance management, to enhance our product offerings, and to customize your user experience.

2.4. Data Sharing, Anonymization, and Voluntary Research Participation

You may be invited to participate in the Dream Deus Research Program. This program is entirely voluntary and requires your explicit consent (opt-in). If you choose to participate, you consent to the sharing of your Sensor Data, Processed Data, and Activity Data on a de-identified basis with us or third-party research partners. De-identified data has had personal identifiers removed and cannot be reasonably linked back to you.

2.5. Legal Basis for Processing

Our legal basis for processing your personal data is typically that it is necessary to perform our contract with you (i.e., to fulfill your order and provide App services). Where we process your data for other purposes, such as research or marketing, we do so with your explicit consent or for our legitimate interests.

2.6. Cross-Border Data Transfer

Our company is based in the United States. Your personal information will be transferred to, stored, and processed on servers located in the United States. By using our Site and providing your information, you explicitly consent to this transfer, storage, and processing of your data in the United States.

2.7. Data Security

We implement appropriate technical and administrative security measures designed to protect the security of any personal information we process. This includes encryption and access controls.

2.8. Your Data Protection Rights

Depending on your location, you may have certain rights regarding your personal data. These rights may include:

• The right to access your personal data.
• The right to request correction of inaccurate or incomplete data.
• The right to request erasure of your data under certain conditions.
• The right to restrict the processing of your personal information.
• The right to data portability, allowing you to receive your data in a structured, machine-readable format.
• The right to object to the processing of your personal information.
• The right to withdraw consent at any time.

You may exercise these rights by contacting us at [email protected]. We will provide a mechanism for you to manage your privacy choices, including opting out of any data sharing or targeted advertising that may be considered a "sale" under applicable laws. You can delete your account and associated personal data at any time.

3. Return and Refund Policy

• Timeframe: You may request a return within 30 days of the delivery date.
• Condition: The Device must be unused, in its original packaging, and with all accessories included.
• Process: To initiate a return, please contact [email protected] to obtain a Return Merchandise Authorization (RMA) number.
• Return Shipping Costs: You are responsible for all return shipping costs.
• International Returns: For returns originating outside of the United States, you are responsible for all return shipping costs as well as any applicable customs duties, taxes, or fees associated with the return shipment. These charges are non-refundable.
• Refund: Once we receive and inspect the returned Device, we will issue a refund for the purchase price of the product (original shipping costs are non-refundable).

4. Limited Warranty Policy

This Limited Warranty applies to the Horus V1 hardware device ("Device") purchased from Deus Omnis LLC or its authorized retailers.

4.1. Warranty Coverage

We warrant that the Device will be free from defects in materials and workmanship under normal use for the Warranty Period defined below.

4.2. Warranty Period

The Warranty Period is one (1) year from the date of delivery to the original purchaser.

4.3. What is Not Covered

This warranty is non-transferable and applies only to the original purchaser. This warranty does not cover:

• Products purchased second-hand, "open-box," or from any unauthorized reseller or sales channel.
• Damage resulting from accidents, misuse, abuse, or other external causes.
• Unauthorized repair, modification, or disassembly.
• Normal wear and tear.

4.4. How to Obtain Warranty Service

To make a warranty claim, please contact our support team at [email protected]. You will be required to provide proof of purchase from an authorized sales channel. At our discretion, we will either (a) repair the Device, (b) replace the Device with a new or refurbished device, or (c) refund the purchase price.

5. Contact Information