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)
IMPORTANT: The Horus V1 Device and Dream Deus App are not medical devices. Our products and services are intended for general wellness and to help you manage and support your well-being. They are not intended to diagnose, treat, cure, or prevent any medical condition or disease.
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
PRE-ORDER NOTICE: All orders for the Horus V1 Device are "Pre-Orders." This means you are purchasing a product that is not yet available for general sale and will be shipped at a future date.
- 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
IMPORTANT: TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, APP, AND DEVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER OUR LIMITED WARRANTY POLICY.
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.
