Terms of Service

Overview

These Terms of Service (“Terms”) are a legally binding agreement between you and Astyne LLC (“Astyne,” “we,” “us,” or “our”) governing your access to and use of Astyne’s websites, pre-launch offers, accounts, mobile applications, connected devices, software, communications, customer support, and related products and services.

These Terms apply to your use of:

• astyne.com and other websites owned or operated by Astyne;
• Aether ONE waitlists, launch notifications, newsletters, and promotional programs;
• The $1 Founder Reservation Fee and any associated Founder’s Edition offer;
• Your Astyne account or Astyne ID;
• The Aether mobile application;
• Sign-in functionality provided through email, Google Sign-In, Sign in with Apple, or other supported authentication methods;
• Any Aether ONE connected device that you activate, register, pair, purchase, control, or use;
• Customer support, warranties, service programs, software, firmware, documentation, communications, and related Astyne services.

Our websites, applications, accounts, connected-device features, software, communications, promotional programs, support offerings, and related services are collectively referred to in these Terms as the “Services.”

Please read these Terms carefully. By visiting our website, signing up for communications, paying a Founder Reservation Fee, creating an Astyne account, using Astyne ID, downloading or using our app, pairing or operating an Aether ONE device, making a purchase, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Services, create an account, pay a Founder Reservation Fee, pair a device, or purchase or use an Aether ONE product.

1. About Astyne and Aether ONE

Astyne is developing Aether ONE, a connected consumer product intended to help users create fresh solution batches for supported skincare and home-care uses, together with related mobile app, account, setup, control, and connected-device features.

Aether ONE is currently subject to product development, testing, manufacturing, safety review, software development, commercial planning, and launch preparation. Product specifications, appearance, materials, interface designs, functionality, supported modes, app features, manufacturing details, pricing, availability, shipping estimates, launch channels, and release timing may change before or after launch.

Renderings, animations, product mockups, website previews, app interface images, descriptions, and demonstrations are provided for general informational and promotional purposes unless expressly stated otherwise. The final commercial product may differ from pre-launch materials.

2. Eligibility

You may use general informational portions of our website if you can lawfully access them.

To pay a Founder Reservation Fee, create an account connected to a product purchase, redeem a promotional benefit, purchase a product, or enter into any other paid transaction with Astyne, you must:

• Be at least 18 years old or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into a binding agreement;
• Provide accurate, current, and complete information;
• Use a valid payment method that you are authorized to use;
• Comply with these Terms and all applicable laws.

You may not use the Services on behalf of another person unless you are legally authorized to do so.

Astyne may refuse, suspend, cancel, or limit access to any offer, account, order, device pairing, or Service where we reasonably believe the activity is fraudulent, unauthorized, abusive, unsafe, unlawful, or inconsistent with these Terms.

3. Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information, including information associated with:

• Your name and email address;
• Founder Reservation Fee transactions;
• Astyne accounts and Astyne ID;
• Apple and Google authentication;
• Device identifiers, serial numbers, pairing, ownership, and support records;
• App and connected-device activity;
• Payment and transaction records;
• Website usage and communications.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

4. Founder Reservation Fee Overview

Astyne may offer eligible customers the opportunity to pay a one-time $1 Founder Reservation Fee in connection with the planned launch of Aether ONE.

Unless Astyne expressly states different terms at the time of payment, payment of the $1 Founder Reservation Fee provides you with eligibility to receive a $50 discount toward the purchase of one qualifying Founder’s Edition Aether ONE device, subject to:

• Product availability;
• The timing and duration of the applicable redemption period;
• Any purchasing instructions provided by Astyne;
• The final product launch method or sales platform;
• These Terms and any additional Founder Reservation Terms disclosed at checkout;
• Verification that you are an eligible customer;
• Any stated purchase, geographic, shipping, age, payment, account, or quantity restrictions.

The Founder Reservation Fee is offered as a limited pre-launch promotional program. It is separate from any later purchase of an Aether ONE device.

5. The $1 Founder Reservation Fee Is Not a Device Purchase

Payment of the $1 Founder Reservation Fee:

• Is not the purchase of an Aether ONE device;
• Is not a preorder for an Aether ONE device;
• Does not create an order for a physical product;
• Does not reserve or guarantee allocation of any physical inventory;
• Does not guarantee that a device will be manufactured or sold;
• Does not guarantee that Astyne will launch on Kickstarter or any particular platform;
• Does not guarantee that any crowdfunding campaign will be launched or successfully funded;
• Does not guarantee final pricing, specifications, features, quantities, delivery timing, availability, or shipping;
• Does not guarantee that the discount can be used unless you separately satisfy all redemption and purchasing requirements.

You must later complete a separate qualifying purchase of an eligible Aether ONE device in order to use the associated Founder’s Edition discount or promotional benefit.

No device will be shipped to you merely because you paid the $1 Founder Reservation Fee.

6. Non-Refundable Founder Reservation Fee

Except where required by applicable law or expressly approved by Astyne in writing, the $1 Founder Reservation Fee is non-refundable once paid.

You are not entitled to a refund merely because:

• You later decide not to purchase an Aether ONE device;
• You do not complete a qualifying purchase;
• You do not redeem the Founder’s Edition benefit before it expires;
• You miss an announcement, email, deadline, campaign, launch window, or purchasing opportunity;
• You lose access to the email address, Apple account, Google account, or Astyne account associated with your reservation;
• You fail to maintain accurate contact information;
• You do not meet the stated purchasing or eligibility requirements;
• You attempt to use the offer through an unsupported account, email address, platform, or payment method;
• You do not agree with the final commercial product specifications, features, appearance, availability, launch method, pricing, or shipping terms;
• The qualifying product sells out or becomes unavailable before you complete a qualifying purchase, unless Astyne expressly states otherwise;
• You do not receive, do not open, or do not act upon marketing or launch communications;
• You expected the fee to purchase or guarantee a device despite the disclosures presented at payment.

Failure to separately purchase an eligible Aether ONE device does not entitle you to a refund of the Founder Reservation Fee, except where required by applicable law.

Astyne may, in its sole discretion, issue a refund, credit, replacement offer, or accommodation in an individual circumstance. Any voluntary exception does not alter these Terms or create an obligation to provide the same accommodation to other customers.

7. Founder’s Edition Discount and Redemption Rules

Unless different rules are disclosed in connection with a specific offer, the Founder’s Edition promotional benefit is subject to the following terms:

• The benefit is intended to provide a $50 discount toward one qualifying Founder’s Edition Aether ONE device.
• The benefit may be used only during the redemption period communicated by Astyne.
• The benefit applies only to an eligible Aether ONE device and does not apply to taxes, shipping, duties, accessories, refills, subscription services, replacement items, extended warranties, repairs, or other products unless Astyne expressly states otherwise.
• The benefit may be limited to one use per person, email address, Astyne account, Apple or Google-linked account, household, billing address, shipping address, payment method, device, or other reasonably related identifier.
• The benefit has no cash value and may not be exchanged for cash.
• The benefit may not be sold, auctioned, transferred, assigned, reproduced, duplicated, or used for commercial resale.
• The benefit may not be combined with other offers, discounts, campaign tiers, promotions, launch pricing, Kickstarter campaign terms, referral programs, coupons, or credits unless Astyne expressly permits combination.
• Astyne may require you to use the same email address or Astyne account used for the Founder Reservation Fee, or may provide separate redemption instructions.
• Astyne may require reasonable proof of eligibility, payment, identity, account ownership, or authorized use before applying a benefit.
• Redemption is subject to product availability and any announced quantity limitations.

Before accepting Founder Reservation Fees, Astyne will identify or later communicate the applicable redemption method, offer expiration terms, supported purchasing channel, and any additional restrictions. You are responsible for reviewing and following those instructions.

8. Founder Reservation Confirmation and Communications

After you pay a Founder Reservation Fee, Astyne may send a confirmation email or account notice to the email address you provide or the email associated with your Astyne account.

You are responsible for:

• Providing an accurate and active email address;
• Maintaining access to the account or email used for your reservation;
• Checking relevant email inboxes and spam or junk folders;
• Keeping your account and communication details current;
• Following redemption, purchase, or offer instructions within applicable deadlines.

Astyne is not responsible for your failure to receive or review communications due to incorrect information, filtered emails, inbox issues, loss of account access, third-party email problems, or your failure to monitor the relevant account.

Transactional communications concerning your Founder Reservation Fee, account, redemption eligibility, security, purchases, product safety, or customer support may be sent even if you opt out of promotional marketing messages.

9. Kickstarter, Crowdfunding, and Third-Party Launch Platforms

Astyne may choose to launch, promote, or sell Aether ONE through Kickstarter, another crowdfunding platform, an ecommerce platform, Astyne’s website, or another third-party service.

If an Aether ONE purchase, pledge, contribution, or redemption is offered through a third-party platform:

• Your use of that platform may be governed by separate terms and privacy policies provided by that platform;
• A contribution or pledge made through a crowdfunding platform may not be the same as a retail purchase;
• Any platform terms, funding conditions, shipping arrangements, payment processing rules, cancellation policies, taxes, duties, or delivery estimates presented by the platform may separately apply;
• The method by which a Founder’s Edition benefit is recognized or applied may depend on platform functionality and instructions provided by Astyne;
• You are responsible for completing all required platform steps to receive any applicable benefit.

Payment of a Founder Reservation Fee does not guarantee that Astyne will launch through Kickstarter or any other third-party platform.

10. Astyne Accounts and Astyne ID

Certain Services may require you to create or use an Astyne account or Astyne ID.

Your Astyne account may be used to:

• Manage your identity within the Services;
• Receive or access relevant launch, reservation, or product information;
• Link a Founder Reservation Fee or promotional eligibility to your profile;
• Register, activate, pair, manage, control, or support an Aether ONE device;
• Access app features and device-related information;
• Submit support requests;
• Maintain purchase, service, warranty, ownership, or device records.

You agree to provide accurate, current, and complete information when creating or using an account and to update your information where necessary.

You may not:

• Create an account using false information;
• Impersonate another person;
• Create accounts for fraudulent or abusive purposes;
• Create multiple accounts to circumvent offer restrictions;
• Access another person’s account without authorization;
• Use an account to register or control a device you do not own or have permission to manage.

11. Account Security

You are responsible for maintaining the confidentiality and security of your account, authentication methods, password, email access, Apple account access, Google account access, and any device claim or setup credentials provided to you.

You agree to:

• Protect your login credentials and authentication methods;
• Not share passwords, security codes, claim credentials, or account access with unauthorized persons;
• Notify Astyne promptly if you believe your account or device has been accessed without authorization;
• Use reasonable security practices on any phone, computer, or network used to access your Astyne account or connected device.

Astyne is not responsible for losses caused by unauthorized access resulting from your failure to maintain account security, except to the extent prohibited by applicable law.

We may require account verification, device verification, payment verification, or identity confirmation before granting account access, changing device ownership, processing certain requests, or providing customer support.

12. Google Sign-In and Sign in with Apple

Astyne may allow you to create or access an account using Google Sign-In or Sign in with Apple.

By choosing a third-party sign-in method, you acknowledge that:

• Google or Apple may provide information authorized by you, such as your name, email address, relay email address, or authentication identifier;
• Astyne does not receive your Google or Apple account password;
• Your use of Google or Apple services is also governed by the applicable provider’s terms and privacy policies;
• Your ability to access an Astyne account may be affected if you lose access to the third-party account or email address used for authentication;
• You remain responsible for maintaining access to the authentication method associated with your Astyne account, Founder Reservation Fee, product purchase, or registered device.

Astyne is not responsible for service interruptions, authentication failures, or loss of access caused by Apple, Google, your email provider, or another third-party authentication provider, except as required by law.

13. Account Closure and Deletion

You may request closure or deletion of your Astyne account through available app functionality or by contacting us.

Closing or deleting an account may affect your ability to:

• Access the app;
• Control or manage a paired Aether ONE device;
• View saved settings, device history, or support information;
• Verify or redeem certain promotional benefits;
• Access purchase, service, or warranty features tied to your account.

Certain records may remain after account deletion where reasonably necessary for:

• Payment and transaction records;
• Founder Reservation Fee and discount-redemption records;
• Product safety, warranty, recall, repair, or support obligations;
• Device ownership, anti-theft, transfer, claim, and anti-fraud records;
• Compliance with legal or accounting obligations;
• Security, fraud prevention, dispute resolution, or enforcement of these Terms.

You should unlink, transfer, or reset a connected device according to Astyne’s instructions before closing an account, where applicable.

14. Aether Mobile Application

The Aether mobile application may allow you to interact with supported Astyne Services and Aether ONE features, including setup, account access, pairing, device configuration, monitoring, supported device controls, notifications, firmware updates, troubleshooting, and customer support.

You understand that:

• The app may require a compatible mobile device, operating system, internet connection, Bluetooth connection, local network connection, or permissions;
• Some features may not be available in all regions, at all times, or on all device models;
• App features may evolve, change, be discontinued, or be replaced over time;
• Temporary interruptions may occur due to maintenance, updates, connectivity problems, outages, technical issues, or security measures.

You are responsible for obtaining compatible devices, network services, cellular or internet access, and any associated charges needed to use the app.

15. Device Identification, Registration, and Pairing

Each Aether ONE device may be associated with identifying or verification information, such as:

• Serial number;
• Device ID;
• Manufacturing identifier;
• Claim code;
• Setup code;
• Pairing credential;
• Firmware and hardware version;
• Ownership or activation record.

Device pairing may link an Aether ONE device to your Astyne account or Astyne ID.

You agree that you will only register, claim, activate, pair, access, control, reset, transfer, sell, service, or request support for a device that:

• You own;
• You purchased or lawfully received;
• You are expressly authorized to manage on behalf of the owner.

You may not attempt to:

• Claim another person’s device;
• Interfere with a device’s ownership or activation records;
• Alter, remove, counterfeit, copy, or misuse device identifiers or claim credentials;
• Circumvent pairing, security, firmware, authentication, ownership, or anti-fraud processes;
• Use the app to operate a device without authorization.

Astyne may suspend device access, request verification, reset ownership records, deny support, disable a claim credential, or take other reasonable steps where we suspect theft, fraud, abuse, unauthorized access, resale misuse, safety risk, or violation of these Terms.

16. Device Transfer, Resale, and Gifting

If you sell, gift, return, dispose of, exchange, or otherwise transfer possession of an Aether ONE device, you are responsible for following applicable Astyne instructions regarding:

• Account unlinking;
• Device reset;
• Removal of saved personal settings;
• Removal of local network credentials;
• Ownership transfer;
• Warranty or proof-of-purchase documentation.

Astyne may require reasonable evidence of purchase, possession, authorization, or prior ownership before changing a device’s registered ownership or account connection.

A Founder Reservation Fee, discount eligibility, or promotional benefit does not automatically transfer with a later sale or transfer of a device unless Astyne expressly authorizes such transfer in writing.

17. Wi-Fi, Bluetooth, and Network Connectivity

Aether ONE may require Bluetooth, Wi-Fi, local network, or internet connectivity for certain setup, app, cloud, firmware, support, or connected-device features.

You agree that:

• You will only connect Aether ONE to networks you own or are authorized to use;
• You are responsible for maintaining suitable network service, Wi-Fi availability, internet access, passwords, routers, compatible phones, and other equipment needed for connected features;
• Certain device functionality may be limited or unavailable without a compatible connection;
• Changes to your network name, password, security settings, router, phone, account, or home connectivity may require you to repeat setup steps.

As described in our Privacy Policy, our intended practice is that a Wi-Fi password entered for setup is securely provided to the device for connectivity purposes and is not stored as a raw password in Astyne’s cloud database.

You acknowledge that wireless communication and internet-connected features may be subject to interruptions, delays, interference, security risks, outages, or third-party failures outside Astyne’s control.

18. Software and Firmware License

Subject to your compliance with these Terms, Astyne grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Astyne software, firmware, mobile applications, and digital interfaces solely as needed for your personal, non-commercial use of the Services and any Aether ONE device you lawfully possess.

The software and firmware are licensed, not sold. Astyne and its licensors retain all rights not expressly granted to you.

You may not, except to the extent a restriction is prohibited by applicable law:

• Copy, reproduce, distribute, sell, sublicense, rent, lease, or commercially exploit the software or firmware;
• Modify, reverse engineer, decompile, disassemble, translate, attempt to extract source code, or create derivative works;
• Circumvent or disable authentication, pairing, ownership, diagnostic, security, update, safety, or access-control measures;
• Install unauthorized firmware or modifications;
• Use the software or firmware to access or control a device without authorization;
• Use the Services to develop, benchmark, copy, or compete with Astyne products in violation of applicable law.

19. Software, Firmware, Security, and Safety Updates

Astyne may release software, firmware, security, compatibility, functionality, reliability, or safety updates for Aether ONE devices or applications.

You acknowledge and agree that:

• Some updates may be automatically installed or may be required to maintain supported functionality;
• Some updates may be necessary to improve reliability, protect security, address safety concerns, support new features, or correct errors;
• Failure to install required updates may limit device functionality, connected features, support eligibility, or safe operation;
• Astyne may modify, improve, add, restrict, suspend, or discontinue software or device-related features as the product develops or where reasonably needed for safety, security, legal compliance, reliability, or business reasons.

Astyne will use reasonable efforts to provide appropriate information concerning material updates where practical, but does not guarantee that all features will remain unchanged or available indefinitely.

20. Intended Use of Aether ONE

Aether ONE is intended only for uses expressly supported and communicated by Astyne in applicable product instructions, safety information, labeling, app guidance, manuals, or official product materials.

You agree to use Aether ONE only:

• According to instructions provided by Astyne;
• With approved ingredients, amounts, accessories, refills, cartridges, containers, modes, and operating procedures;
• For supported skincare or home-care applications expressly identified by Astyne;
• In accordance with all warnings, safety instructions, maintenance instructions, freshness guidance, disposal instructions, and applicable laws.

You are responsible for reviewing and following all product instructions before use.

21. Safety Restrictions

Unless Astyne expressly provides written instructions allowing a particular use, you may not:

• Ingest, drink, swallow, or serve any solution produced by Aether ONE;
• Use produced solution in the eyes, ears, mouth, inside the body, or on internal tissue;
• Use Aether ONE or a produced solution for medical treatment, wound treatment, infection treatment, diagnosis, disease prevention, or other medical purposes;
• Mix any produced solution with bleach, ammonia, vinegar, acids, detergents, cleaning chemicals, skincare actives, fragrances, essential oils, medications, or other substances;
• Add unapproved ingredients or use unapproved salt, water, containers, cartridges, accessories, or refills;
• Operate a damaged, leaking, altered, modified, malfunctioning, improperly maintained, or visibly unsafe device;
• Attempt to open, repair, alter, bypass, tamper with, or modify product components except according to official Astyne instructions;
• Allow children to operate the device without appropriate adult supervision;
• Use the product in a manner inconsistent with instructions, safety warnings, or applicable law.

Astyne may update safety information, warnings, supported modes, ingredients, freshness guidance, and operating instructions as product testing and commercial release progress. You agree to follow the most current official instructions provided with the product or through the app or website.

22. No Medical Advice or Medical Claims

Aether ONE, the Services, website materials, app content, marketing materials, customer support communications, and produced solutions are not intended to provide medical advice.

Unless expressly stated by Astyne in legally compliant and substantiated product materials, Aether ONE is not intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, infection, wound, skin condition, or medical condition.

Information provided through the Services is for general product-use and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

You should consult an appropriate healthcare professional regarding medical concerns, reactions, injuries, skin conditions, or other health issues.

23. Product Instructions and User Responsibility

Astyne is responsible for providing official operating and safety instructions applicable to the commercial product.

You are responsible for:

• Reading product instructions and warnings before use;
• Using the product only as instructed;
• Keeping the device appropriately clean, maintained, updated, and stored;
• Using only supported ingredients and modes;
• Discarding or storing produced solution only as instructed;
• Keeping the product and solutions away from children, pets, and unintended users as instructed;
• Discontinuing use and contacting support if a product appears damaged, leaking, defective, unsafe, or inconsistent with instructions.

Misuse, unsupported modifications, improper ingredients, unsafe combinations, failure to follow warnings, or operation outside official instructions may cause injury, property damage, ineffective results, device damage, or loss of warranty eligibility.

24. Future Product Purchases

A future purchase of an Aether ONE device will be a separate transaction from any Founder Reservation Fee.

Before completing a qualifying purchase, you may be presented with additional information or terms concerning:

• Product price;
• Available models or editions;
• Applicable discounts;
• Sales tax;
• Shipping cost;
• Estimated shipping or delivery timing;
• Product availability;
• Order cancellation terms;
• Return policy;
• Warranty;
• Geographic availability;
• Additional product-specific or checkout terms.

By completing a later purchase, you agree to any additional terms clearly presented in connection with that transaction.

Astyne may accept, reject, cancel, limit, or refund an order where appropriate, including in cases of suspected fraud, pricing error, inventory shortage, inability to fulfill an order, shipping limitation, violation of applicable terms, or legal or safety concern.

25. Pricing, Taxes, and Payment

Prices and offers shown through the Services may change unless you have completed a binding purchase under the applicable checkout terms.

You agree to pay all amounts shown and accepted by you in connection with your transaction, including applicable taxes, shipping charges, duties, fees, or other charges disclosed before purchase.

Payment processing may be performed by a third-party payment provider. Your payment method may also be subject to the provider’s terms.

If a payment is reversed, charged back, disputed, determined to be unauthorized, or otherwise invalid, Astyne may suspend associated benefits, discount eligibility, account privileges, order fulfillment, device activation, warranty processing, or other Services, subject to applicable law.

26. Shipping and Delivery

When physical products become available for purchase, Astyne may provide shipping estimates and delivery information.

Unless expressly guaranteed in writing:

• Shipping and delivery dates are estimates only;
• Delivery times may be affected by manufacturing, inventory, carrier, customs, weather, supply chain, crowdfunding, regulatory, address, or other issues;
• Astyne is not responsible for delays outside its reasonable control;
• You are responsible for providing accurate shipping information and complying with any delivery, tax, customs, import, or geographic requirements.

Separate shipping terms may be presented at the time of a product purchase or crowdfunding campaign.

27. Returns, Refunds, and Warranty

The non-refundable nature of the $1 Founder Reservation Fee is separate from any future return or warranty policy that may apply to a purchased Aether ONE device.

Future purchased devices may be governed by a separate:

• Returns and Refunds Policy;
• Limited Warranty;
• Repair or replacement policy;
• Retailer or third-party platform policy.

Those policies, once made available, will govern eligible returns, repairs, replacements, warranties, or refunds for purchased products.

Nothing in these Terms limits rights that cannot be waived under applicable consumer protection law.

28. Website Content and Pre-Launch Materials

Astyne may provide information about Aether ONE through websites, social media, email, videos, renderings, product animations, app demonstrations, mockups, illustrations, prototypes, marketing content, waitlist pages, reservation pages, or crowdfunding materials.

Pre-launch content is subject to change. Unless expressly stated otherwise, such content does not constitute:

• A guarantee of final product design;
• A guarantee of final features or specifications;
• A guarantee of product availability;
• A guarantee of manufacturing or delivery;
• A guarantee of compatibility with any particular platform or service;
• A binding offer to sell a particular product at a particular price.

We try to provide accurate information, but errors, omissions, outdated information, typographical errors, or changes in development may occur.

29. Marketing Emails and Service Communications

If you provide your email address or otherwise opt in to communications, Astyne may send you promotional emails concerning:

• Aether ONE;
• Launch updates;
• Kickstarter or other launch campaigns;
• Founder’s Edition availability;
• New features or products;
• Astyne announcements;
• Surveys or special offers.

You may unsubscribe from promotional marketing emails by using the unsubscribe link included in those emails.

Even if you unsubscribe from marketing, Astyne may continue to send non-promotional communications reasonably necessary for:

• Founder Reservation Fee confirmations or administration;
• Discount eligibility or redemption;
• Account verification, authentication, or security;
• Orders, payments, shipping, returns, refunds, or warranty;
• Device pairing, support, firmware, security, safety, or recall matters;
• Responses to communications you send to us;
• Legal or policy notices.

30. Feedback and Suggestions

You may choose to submit feedback, ideas, suggestions, comments, designs, improvements, reviews, survey responses, bug reports, or other information regarding Astyne, Aether ONE, or the Services (“Feedback”).

By submitting Feedback, you grant Astyne a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, analyze, distribute, display, incorporate, commercialize, and otherwise exploit that Feedback for any lawful purpose, without obligation to compensate or credit you.

You should not submit confidential information or proprietary concepts through Feedback unless you understand and agree that Astyne may use the Feedback as described above.

31. Intellectual Property

The Services and all associated content, technology, materials, and intellectual property are owned by Astyne or its licensors and are protected by applicable intellectual property and other laws.

This includes, without limitation:

• The Astyne name;
• The Aether ONE name;
• Astyne and Aether logos;
• Brand names, trademarks, trade dress, and slogans;
• Product names and product designs;
• Website design, copy, layouts, graphics, illustrations, photography, videos, renderings, animations, and promotional materials;
• App interfaces, software, source code, object code, firmware, device interfaces, and digital experiences;
• Documentation, manuals, safety instructions, icons, diagrams, specifications, and written materials;
• Databases, compilations, and related materials.

Except for the limited rights expressly provided in these Terms, no license or right is granted to you.

You may not use Astyne’s intellectual property for commercial purposes, confusing branding, counterfeit goods, resale marketing, imitation products, copied website content, or any use that falsely suggests affiliation with or endorsement by Astyne.

32. Third-Party Services and Links

The Services may reference or link to third-party platforms, websites, payment processors, authentication providers, crowdfunding platforms, app stores, shipping carriers, social networks, or other third-party services.

Astyne does not control and is not responsible for third-party services. Your interactions with third parties are governed by their own terms and privacy policies.

Links to third-party services do not imply that Astyne endorses or guarantees the availability, content, policies, products, security, or services of those third parties.

33. Prohibited Conduct

You agree not to:

• Violate any applicable law, regulation, or legal obligation;
• Use the Services for fraudulent, misleading, abusive, harmful, or unsafe purposes;
• Misrepresent your identity, eligibility, authorization, payment status, or account ownership;
• Attempt to obtain multiple restricted promotional benefits through duplicate, false, or manipulated information;
• Sell, transfer, duplicate, counterfeit, or misuse Founder’s Edition benefits or reservation eligibility;
• Claim, access, pair, control, alter, transfer, or interfere with a device you do not own or have permission to manage;
• Circumvent account, device, network, payment, offer, authentication, security, update, safety, or fraud-prevention systems;
• Introduce malware, harmful code, unauthorized scripts, security attacks, automated scraping, denial-of-service behavior, or other harmful technical activity;
• Copy, scrape, reproduce, mirror, commercially exploit, or misappropriate the Services or Astyne content;
• Reverse engineer or modify the app, firmware, connected-device software, or product security systems except where applicable law expressly permits that activity;
• Use Aether ONE in a hazardous, unsupported, altered, unlawful, or medically inappropriate manner;
• Submit information that is unlawful, infringing, fraudulent, abusive, or harmful to another person;
• Interfere with another user’s use of the Services;
• Encourage or assist another person in violating these Terms.

34. Suspension and Termination

Astyne may suspend, restrict, deny, cancel, or terminate your access to all or part of the Services, an account, a promotional benefit, a device connection, a support request, or a transaction where we reasonably believe:

• You violated these Terms;
• Your activity is fraudulent, abusive, unauthorized, unlawful, misleading, or harmful;
• A payment is invalid, reversed, unauthorized, disputed, or subject to fraud concerns;
• A device has been improperly claimed, altered, transferred, compromised, or used;
• Your activity presents a safety or security risk;
• Suspension is necessary to comply with law, a court order, a governmental request, or a third-party platform obligation;
• Suspension is reasonably necessary to protect Astyne, customers, users, service providers, intellectual property, connected devices, or the public.

Where appropriate and permitted, we may provide notice or an opportunity to contact support concerning a suspension or termination.

Termination does not relieve you of obligations incurred before termination, including payment obligations, safety responsibilities, intellectual property restrictions, liability provisions, dispute provisions, or provisions that by their nature should survive termination.

35. Disclaimers

To the fullest extent permitted by applicable law, and except for any express warranty separately provided in writing for a purchased product, the Services, pre-launch offers, websites, applications, software, firmware, connected-device features, promotional benefits, communications, and related materials are provided on an “as is” and “as available” basis.

Astyne disclaims all warranties not expressly provided in writing, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Astyne does not warrant or guarantee that:

• Aether ONE will launch, be funded, be manufactured, be available, or be delivered on a particular timeline;
• A pre-launch rendering, demonstration, specification, description, interface, feature, price, material, or design will appear in the final product exactly as shown;
• The Services will be uninterrupted, secure, accurate, reliable, error-free, or free from harmful components;
• An app, device, wireless network, cloud feature, third-party authentication service, or firmware function will always be available or compatible;
• Any promotional benefit will remain available outside its stated terms or redemption period;
• The product will be suitable for any unsupported use or medical purpose.

Some jurisdictions do not allow exclusion of certain warranties, so some disclaimers may not apply to you.

36. Limitation of Liability

To the fullest extent permitted by applicable law, Astyne and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, suppliers, successors, and assigns will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, opportunity, data, goodwill, business, anticipated savings, or similar losses, arising from or related to:

• Your use of or inability to use the Services;
• Any Founder Reservation Fee, promotional benefit, launch communication, or failure to redeem a benefit;
• A delay, change, cancellation, unavailability, discontinuation, or failure to launch Aether ONE;
• Any app, device, account, software, firmware, network, connectivity, authentication, platform, delivery, or third-party service issue;
• Unauthorized access to an account or device resulting from your failure to protect credentials or follow instructions;
• Any product misuse, unsupported modification, use of unapproved materials, failure to follow warnings, or prohibited product use;
• Any third-party platform, payment processor, shipping provider, app store, authentication provider, or crowdfunding platform.

To the fullest extent permitted by applicable law, Astyne’s total aggregate liability for claims arising out of or relating to a Founder Reservation Fee or associated promotional benefit will not exceed the amount you paid to Astyne for that Founder Reservation Fee.

For claims arising from a later purchased product, any limitation of liability will be subject to applicable product warranty terms and consumer protection laws.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability that applicable law does not allow a business to disclaim.

37. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Astyne and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, successors, and assigns from and against claims, liabilities, damages, judgments, losses, costs, expenses, and fees, including reasonable legal fees, arising out of or relating to:

• Your violation of these Terms;
• Your unlawful, fraudulent, unauthorized, unsafe, or improper use of the Services or Aether ONE;
• Your misuse or unauthorized transfer of an account, benefit, discount, claim credential, device, or product;
• Your violation of another person’s rights;
• Your use of unapproved ingredients, unsupported product modifications, prohibited mixtures, or operation inconsistent with Astyne instructions;
• Information or content you submit in violation of law or another person’s rights.

This indemnification obligation does not apply to the extent a claim results from Astyne’s conduct for which indemnification cannot be required under applicable law.

38. Governing Law

These Terms and any dispute arising from or relating to these Terms, the Services, a Founder Reservation Fee, an Astyne account, or Aether ONE will be governed by the laws of the State of Arizona, without regard to conflict-of-law principles, except to the extent applicable consumer protection laws in your jurisdiction provide rights that cannot be waived.

39. Informal Dispute Resolution

Before initiating formal legal proceedings, you and Astyne agree to make a good-faith effort to resolve any dispute informally.

To begin an informal dispute, you must send a written notice describing the dispute and the requested resolution to:

Astyne LLC

Attn: Legal Dispute Notice

Email: legal@astyne.com

Astyne may send a dispute notice to the email address associated with your account, reservation, transaction, or communication with us.

The parties agree to attempt informal resolution for at least 30 days after receipt of a dispute notice before bringing a formal claim, unless immediate relief is necessary or applicable law prevents this requirement.

40. Courts and Dispute Venue

If an informal dispute cannot be resolved, disputes will be handled in a court of competent jurisdiction, subject to applicable law. These Terms are governed by Arizona law, without regard to conflict-of-law principles, except where applicable consumer protection laws provide rights that cannot be waived.

41. Changes to the Services

Astyne may modify, update, suspend, restrict, discontinue, replace, or add to any portion of the Services, website, app, account functionality, connected-device feature, promotion, pre-launch program, support process, or product offering at any time, subject to applicable law and any binding commitments expressly made in connection with a completed transaction.

Changes may be made for reasons including:

• Product development;
• Reliability;
• Security;
• Safety;
• Legal compliance;
• Technical feasibility;
• Platform compatibility;
• Manufacturing or supply constraints;
• Customer experience;
• Business operations.

42. Changes to These Terms

We may revise these Terms from time to time.

When we revise these Terms, we will update the “Last Updated” date at the top. If a change is material, we may provide additional notice through our website, app, email, account notice, checkout process, or another appropriate method.

Changes will apply prospectively from the effective date of the updated Terms unless otherwise required by law.

Your continued use of the Services after revised Terms become effective constitutes your agreement to the revised Terms, to the extent permitted by law. If you do not agree with revised Terms, you must stop using the affected Services.

Terms applicable at the time you complete a specific Founder Reservation Fee or product purchase may continue to govern that transaction where appropriate.

43. Electronic Communications

You consent to receive electronic communications from Astyne concerning the Services, including through email, app notifications, website notices, account notices, or other electronic methods.

Electronic communications may include:

• Agreements and policy updates;
• Reservation confirmations;
• Account notices;
• Payment and transaction notices;
• Discount redemption instructions;
• Product launch information;
• Order, shipping, return, warranty, repair, support, safety, recall, and security communications.

You agree that electronic communications satisfy any legal requirement that communications be in writing, subject to applicable law.

You are responsible for maintaining a valid email address and the ability to access electronic communications associated with your interactions with Astyne.

44. Assignment

You may not assign or transfer these Terms, an Astyne account, Founder Reservation Fee, promotional benefit, device claim credential, or rights under the Services without Astyne’s prior written consent, except where Astyne expressly permits a supported device ownership transfer.

Astyne may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, sale of assets, financing, change in control, or transfer of relevant business operations, subject to applicable law.

45. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent permitted by law or severed where necessary, and the remaining provisions will remain in full force and effect.

46. No Waiver

Astyne’s failure to enforce any provision of these Terms does not waive its right to enforce that provision or any other provision later.

Any waiver must be in writing and authorized by Astyne to be effective.

47. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly presented in connection with a specific offer, transaction, purchase, warranty, app feature, device, or campaign, constitute the agreement between you and Astyne concerning the applicable Services.

If additional terms conflict with these Terms for a specific transaction or feature, the additional terms control only with respect to that transaction or feature to the extent of the conflict.

48. Force Majeure

Astyne will not be liable for delay or failure to perform resulting from events outside its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, labor disruptions, epidemics, pandemics, government action, regulatory delay, shortages, supply-chain interruptions, shipping interruptions, power outages, telecommunications failures, cloud-service failures, cyber incidents, manufacturing disruptions, crowdfunding-platform interruptions, or other events beyond reasonable control.

49. Contact Information

For questions about these Terms, contact:

Astyne LLC

Attn: Legal

Website: https://astyne.com

Support Email: support@astyne.com

Legal Email: legal@astyne.com

Privacy Email: privacy@astyne.com

For questions about a Founder Reservation Fee, Founder’s Edition eligibility, product support, account access, or an Aether ONE device, please contact:

support@astyne.com