Omolle
139 Centre St STE 304, New York, NY 10013

contact@omolle.com

Effective Date: September 1, 2021; Notice Version 1.0

We call the terms on this page (or if printed, document) as the Policy, Terms and Conditions, or in acronym “PTC.”  This PTC is the complete document setting forth the legal rights and obligations of you as a Purchaser (defined below) or Platform User (defined below) and Omolle (sometimes, “we”) in respect of the Products, the mobile App, MATIV, (“App”) and the website, www.mativfitness.com.  We may refer just to the App and the website as the “Platform.”    

Please note that THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITIES AND OTHER PROVISIONS THAT AFFECT THE LEGAL RIGHTS OF PURCHASERS AND SERVICE USERS.

PLEASE READ THESE THE PROVISIONS IN THIS PTC CAREFULLY AND IN THEIR ENTIRETY.  

PLEASE NOTE THAT YOUR USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF EACH AND EVERY ITEMS OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.

Except as otherwise noted, this PTC constitutes the entire and only PTC between you and Omolle and supersedes all other Agreements, representations, warranties, and understandings with respect to the Product, the Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this PTC unless otherwise stated.

We RESERVE the right to update this PTC to the extent of any policies contained herein.  Please check back this webpage periodically for any changes in any of the policies.  

Privacy Policy
Our Privacy Policy is considered part of this PTC and is available for you to review by clicking on this Privacy Policy.

Definitions
A “Purchaser” is one who purchases a Product.  A “Service User” or “User” is one who uses the services that Omolle offers via the Platform (such services, the “Service”).  An “Additional Authorized User” is the members of the same household of a Service User, who are at least 18 years old, residing at the same address and is treated as a Service User subject to the same terms of this PTC.  A “Product” is MATIVTM (the mat included in the product package) or the Smart BandTM.  “You” is a Purchaser or Service User.

PRODUCT, REGISTRATION and SERVICE

You purchase of the Product does not include any subscription to the Service.  You must first register and then separately subscribe for fee for the Services.  Your subscription for the Service is conditioned on your continued payments of fees.  You must retain the Product and may not return the Product to us once your subscription to the Service is expired or terminated.  You may continue to use the Product without subscription to the Service on a stand-alone basis or by using it with our basic free contents offered within the Platform.

Registration
Once you purchase the Product, please register your Product with us by accessing the following webpage: https://mativfitness.com/register.  Once you register, you will have access and are authorized to use free and basic contents offered within the Platform.  Such contents are herein referred to as “Free Services.”

Subscription
After you have successfully registered your Product, you may choose to subscribe to our Services; Subscription to our Service is different from registration of the Products that you purchased.  Subscription enables you to access all Services.  The Services include premium contents.

Eligibility for Registration and Subscription to Service
Your registration and/or subscription are/is not transferable or assignable and is void where prohibited. Our Service is intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of this PTC. By registering Products, each User represents and warrants that you/he/she are/is (18) years of age or older and agree to abide by all the terms and conditions of this PTC. Omolle has sole right and discretion to determine whether to accept a Service User and may reject a Service User’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Termination of Registration
Your registration with us is effective until terminated by you or us. Your rights under this PTC will terminate without our notice if you fail to comply with any term of this PTC. Upon termination, you will stop representing yourself as a registered Service User. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this PTC, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this PTC.

Fees
We charge periodic fees for your subscription for Services. When you register for subscribing for Service, you will have options as to the length of your subscription from monthly to yearly subscription.  By subscribing to and accessing the Services, you agree to pay the fees.  We will list the fees applicable for different subscriptions.  Please note that the fees are subject to change.  We increase and by accessing the Services after the effective date of new fee rates, you agree to the change and agree to pay the changed fees.

Payments
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

LIMITED LICENSE

For Fees, Omolle grants you and Additional Authorized Users a nonexclusive, nontransferable, revocable license to download the App and access and use our website, both strictly subject to the terms and conditions of this PTC. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in this PTC. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.  This constitutes the grant of a limited license, not a transfer of title.  The limited license shall automatically terminate if you violate any of the provisions of this PTC, including this Limited License, and may be terminated by Omolle at any time except to the extent of the duration for which your payment of Fees grants the right to the Services.

GENERAL

Arbitration
Except as provided below (“Exception”), you agree to resolve any and all claims, disputes or disagreements arising from this PTC or relating to the Service, Platform, or Product solely by and through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association as provided below and accordingly, you irrevocably waive any and all rights to the contrary. Any such claims, disputes or disagreements will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Jose, CA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, CA necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.  “Exception” means any claim or dispute that is within the jurisdiction of a small claims court (or the equivalent thereof) dealing with claims of $500 or less; any controversy based on fraud, willful misconduct; or any action by us to collect or recover damages for or obtain injunction relating to your noncompliance with any provisions of PTC or intellectual property and the Platform.

Choice of Law and Jurisdiction
This PTC will be treated as if it were executed by and between residents of Santa Clara County, California and further performed in San Jose, CA and will be governed by and construed in accordance with the internal laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of courts in Santa Clara County.

Your Relationship to Us
Your relationship to us is strictly that between a consumer of service and/or product and provider/product manufacturer/seller.   Your purchase of a Product or Service or compliance with this PTC does not create any duties (other than those expressly created by the provisions of PTC) on us and does not creates any special relationship such as agency, caretaker or fiduciary relationship between you and Omolle

Intellectual Property Rights
The intellectual property in the materials in our Platform are owned by or licensed to Omolle.  You may use our Platform subject to this PTC, including the Limited License and you agree not to use our Platform in any other manner.  

We have the sole exclusive trademark right to the mark, Mative, Mativfiness, and Omolle, or sometimes written in all caps “MATIV”, “Mativfitenss,” and “OMOLLE.”  You agree not to take any actions to devalue, degrade, denigrate or deface the mark.

Please note that certain contents accessible on our App is protected under United States and foreign copyrights. The copying, redistribution, display, use, or publication by you of any such content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to the contents.

Bugs, Patches, and Updates
We do not represent or otherwise warrant that our Platform will be free of error (“bug”) or free from viruses or other harmful components, or that we will patch any bugs. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, sound, efficacious, beneficial, or otherwise reliable. Omolle reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.

DISCLAIMER

Our Platform publishes content supplied by yoga instructors, health educators and fitness trainers (collectively, third parties). Omolle has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties are those of the respective author(s) and not of Omolle. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of the third parties.

You understand that we do not operate or control the instructions, advice and information (“Instructions”) offered by third-parties. These third parties are responsible for all aspects of Instructions. You agree that use of such Instructions is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All restrictions, terms, conditions and limits of the Instructions of the third parties will apply to you while using the Instructions of the third parties.

Our Service may be temporarily unavailable from time to time for maintenance of the App or the website or other reasons. Omolle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Service User data or communications.

Omolle is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.

Under no circumstances will Omolle be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, CONTENT, AND SERVICES FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ˜AS AVAILABLE’, WITH ˜ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

OMOLLE, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. OMOLLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE AND INSTRUCTIONS OF THE THIRD PARTIES. OMOLLE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OMOLLE

OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL OMOLLE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF OMOLLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OMOLLE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Service User Conduct
Service Users may include or incorporate his or her use of Services onto any third party SNS (“Service User Content”). Should any Service User Content be found illegal, Omolle will submit all necessary information to relevant authorities. If Omolle learns of any Service User Content and in its sole discretion determines it as being violative of this PTC, or otherwise offensive or inappropriate, we may ask, and you agree, to delete or retract the Service User or otherwise modify the subject content within 24 hours of being requested by Omolle. If the Service User fails to comply with such a request, Omolle has full authority to, and you authorize us to, contact the SNS provider on your behalf or otherwise so as solely to request the SNS provider to delete or modify the Service User Content and/or to immediately terminate the Service User’s membership without further notice to the Service User; provided that the foregoing will not prejudice Omolle’s right to seek other remedies.

ACCEPTABLE USE POLICY

Fair Use
We sell our Products and offer Services (including Free Services) with the assumption your use will be ordinary, normal and usual with acceptable. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited Activities
As a Service User, you agree not to use our Platform to do any of the following:
Use the Product, Platform and Service in any manner that:

1.      Violates any local, state, federal, or international laws

2.      Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party

3.      Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable

4.      Poses harms, injuries and/or risks to physical, mental, emotional, and/or social aspects of any persons and their bodies, pets, animals or properties, including any Product

5.      Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers

6.      Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Platform

7.      Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

8.      In the sole judgment of Omolle is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose Omolle, our affiliates, or our Users to any harm or liability of any type

Use our Platform to:

1.      Develop competing services, websites or App

2.      Create compilations or derivative works as defined under United States copyright laws

3.      Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism

4.      Decompile, disassemble, or reverse engineer our Platform, and any related software

Unlawful Activity
We reserve the right to investigate complaints or reported violations of this PTC and to take any action we deem inappropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Links to Other Websites/Apps
Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Omolle has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this PTC or use of our Platform.

Severability and Survival
Should any part of this PTC be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this PTC will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this PTC will survive any termination of this PTC.

SERVICE FEES REFUND POLICY

Cancelling Subscription And Refund:
Service Users desiring to cancel his or her subscription to Service should send an email to cancel@omolle.com, including the name, address, telephone number, username within the App, identity of the subscription plan for Service, and the last four digits of the credit (or debit) card.

Cancelling Monthly Subscription
When a Service User cancels a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.

Cancelling Other Subscriptions
When a Service User cancels a monthly, quarterly, half-year, or annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

PRODUCT WARRANTY AND RETURN POLICY

What We Do under the Warranty
If the Product is delivered defective, we will refund the purchase price or exchange for a new Product.  See below for REFUND or EXCHANGE.

If the Product is delivered in a good working condition, subject to other terms and conditions herein (see below “Coverage”, “Conditions of Warranty”, “Warranty Period,” and “Steps to Claim Warranty”), we will do the following:

Product

Warranty Provides

MATIVTM (except parts subject to wear and tear such   as the string and mat)

Return or Exchange (see below)

SMARTBANDTM (except parts subject to wear and tear   such as silicon band)

Return or Exchange (see below)

MATIV Bag (to keep the MATIVTM)

Exchange

Third Party Products

Not Applicable

Coverage
THIS WARRANTY DOES NOT COVER ORDINARY WEAR AND TEAR OR ANYTHING YOU BREAK ACCIDENTALLY, NEGLIGENTLY OR DELIBERATELY.

This Warranty does not cover the following materials because Omolle include the materials (the “Third Party Products”) at cost for your conveniences only and you may purchase them separately: the HDMI cable, power adopter, USB Cable, and cords to MATIVTM.  We instead included the manufacturer’s warranty of the Third-Party Products so that you may claim warranty directly to the third-party manufacturer.  We do not guarantee that the third-party manufacturers will honor the warranty claims.  We also do not cover the mat portion of MATIVTM when the mat suffers from wear and tear from ordinary use (such as the mat of MATIVTM or silicon band of the SMARTBANDTM).

Conditions of Warranty
Omolle’s manufacturer Warranty is covered through products sold on our website and through authorized dealers and retailers. Omolle warrants the parts of the machine to be free of defects and provides service and support for the duration of the warranty period from the date of purchase.  If any part is found to be defective during the warranty period, Omolle will repair or replace the defective part or unit.  

The Limited Warranty will be honored under the following circumstances:

●        If purchased through an authorized dealer or retailer.

●        Purchaser proves that the purchase date is within the warranty period (see below for applicable warranty periods).

●        The unit has been confirmed defective after troubleshooting with the Omolle.

●        The unit has been operated based on the user manual instructions.

●        Only authorized and compatible parts and third-party products have been used with the Products.

The Limited Warranty will be voided if:

●        The Products have been mishandled, misused, or failure to use or handle in any manner not authorized in the User Manual.

●        MATIVTM is not paired with Smart Band; they are not used in tandem.

●        One has tried to manipulate or make unauthorized technical changes to the Product.

●        Physical damage, abuse, or mishandling has been done to the Product to where it doesn’t function properly.

●        The User has failed to comply with the user manual instructions.

●        The Products have been repaired, retooled, recalibrated, or reinstalled by anyone not authorized by Omolle, including the purchaser.

●        The unit has been used outside of North America’s voltage capacity outlets.

*Additional costs for spare parts and/or shipping costs may apply during warranty inspections by Omolle.

Warranty Period
Each of the following Products is covered by this Warranty subject to the terms and condition of this Warranty during the applicable warranty period as specified in the following:

Product

Applicable Warranty Period

MATIVTM (except parts subject to wear and tear such   as the string and mat)

1 year*

SMARTBANDTM (except parts subject to wear and tear   such as silicon band)

1 year*

MATIV Bag (to keep the MATIVTM)

30 days*

Third Party Products

Not Applicable

*It is your responsibility to prove that the Warranty Period is not expired at the time you contact us for warranty.  You may prove by sending us the receipt.  If you registered the Product with us, we can identify the date of purchase by referencing to your registration data.  If you cannot prove the warranty period as required herein, we will refuse to provide any warranty service.  See also the following for more about the steps to claim warranty.

Steps to Claim Warranty
Below are the steps for claiming your Warranty:

1.      Gather the following information: the purchaser’s name, App user name, address, telephone number, name of the Product causing defect, serial number (if defect is with MATIVTM or Smart Band), date of purchase, purchase receipt, picture of the Product, and brief description of defects.

2.      Send an email to warranty@omolle.com containing all information gathered in step 1.

3.      Within 5 business days, Omolle will respond by email indicating whether free repair is available, the expect repair cost (if free repair is not available), and the address where the Products need to be sent.

4.      If Omolle determines if free repair is available, Omolle is also going to provide a shipping address.  (If free repair is not available, you may still request us to repair the Product at your additional cost.  See below for “Repair.”)  Even if free repair is available, Omolle does not provide shipping label or refund any shipping costs; it is your responsibility to pay for shipping costs.  Place the return unit in a secure box to prevent any damage and using the shipping label to return.

5.      Once you ship the package, please send an email to us to notify the shipping and tracking number.

Defective Products
You agree that a MATIVTM or SMARTBANDTM is delivered defective if and only if you are never able to use the Product in sync with the App.  If you can normally use the Product, the App, Omolle, will record your use data and this will show that the Product was delivered in a good working condition.  In case of a MATIV Bag, it is defective if you can prove within 30 days of the purchase that at the time of the purchase (or delivery), the bag’s strings are defectively constructed or missing or the log printing on the bag is vertically skewed more than by 30 degrees.  We do not consider a MATIV Bag with minor smudges or extra threads as defective.

RETURN or EXCHANGE

For any Product that is delivered in a defective condition, if return or exchange claimed within the applicable warranty period, Omolle will allow you to return the Product and receive the refund of the entire purchase price or exchange for a new Product.  

Omolle’s return / exchange policy for all purchases through www.mativfitness.com is available if requested within 10 days from the date of purchase or 1 day after the Product is registered, whichever sooner. If a Product you purchased was through a third party, you must go back to that retailer or dealer and follow their return or exchange process.

Returns
In order to process a return, email us at return@omolle.com with all of the following information: the purchaser’s name, App user name (if any), address, telephone number, date of purchase, copy of purchase receipt, and brief explanation for reasons to return.  We will then issue a RA (Return Authorization) number.

When sending returns back, they must be in the originally packaging with all products, manuals, and parts (Shipping costs for sending product back to Omolle will be the owner’s responsibility).

Please place the RA number in big bold letters on the box.

We encourage returns to be sent via USPS in order to process them through our receiving department quickly.

Exchanges
For any exchanges needed, we will need to receive the returned product first. Please follow the return process and once your reimbursement is paid back, you can order your new desired product. For any questions, please email us at exchange@omolle.com.

REPAIRS

When Omolle repairs any Products, Omolle may use refurbished parts.

Once Omolle completes a repair whether for free or for cost, Omolle’s Warranty applies to the repaired Product for the applicable time measured from the date of the repair, subject to the same terms and condition of the Warranty.

If free repair is not available, you may request us to repair or exchange the Product at your cost.  If so, we will first identify with you the exact extent of such repair or exchange (e.g., exchange of a sensor but nothing else, etc.).  We will then send you an estimate for such repair or exchange subject to any subsequent changes of the price of the required parts.  You then have __ days to decide whether to reject the estimate and request the return of the Product to you which shall be at your cost or whether to accept the estimate and pay the estimated cost plus an authorization to charge additional costs in case of any subsequent change to the price for required parts.  If you reject our estimate for repair, we will return the Product to you at your cost.  On the other hand, you accept the estimate for repair and once we complete the repair at your cost, we then ship the repaired Product back to you and at our cost.

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