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Terms and Conditions
SOLUNA PRE-SALE TERMS AND CONDITIONS
These Soluna Pre-Sale Terms and Conditions (the “Terms”) govern the purchase of the Soluna sleep machine (“Soluna Sleep Machine”) and related products (collectively, our “Products”) from Mutiny Dream Machine, Inc., dba Soluna (“Soluna,” “we,” “us,” and “our”). Please read these Terms carefully.
By placing an order with Soluna, you agree to be legally bound by these Terms.
1. Pre-Order. Soluna has made the Soluna Sleep Machine available for pre-sale while the Product is in the development stage. The design, features, functionalities, and specifications of the Product are subject to change.
2. Payment. Payment is due when you place your order. Prices do not include taxes or charges for shipping and handling. These applicable fees will be added to your order total during the checkout process. Prices are subject to change without notice; provided, however that price increases will only apply orders placed after a price change goes into effect.
3. Order Acceptance. Soluna may refuse or cancel any orders at any time in our sole discretion. Soluna may also require additional qualifying information prior to processing any order. Once we receive your order, we will send you an order confirmation by email. Your receipt of an order confirmation does not constitute Soluna’s acceptance of your order or confirmation of our offer to sell; it simply
acknowledges that we received your order. If we cancel your order after payment, we will refund it.
4. Cancellation. You may cancel your order before it is shipped for a full refund by emailing us at support@pillowcube.com.
5. Availability. Because our Product is under development, we cannot guarantee availability. Soluna has the right to place quantity limits on any order and to discontinue or modify the Products and services at any time without notice, even if you have already placed your order.
6. Shipments; Delivery; Title and Risk of Loss. Once Products are available, we will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any shipping delays. Title and risk of loss or damage to the Product transfers to you immediately upon delivery. Full terms and conditions of Soluna’s shipping policy can be found at [shipping policy hyperlink].
7. Production and Delivery Schedule; Delays. You understand that production and delivery of our Products may be delayed, even after you place an order, and we cannot guarantee the delivery of an ordered Product at any time. Any delivery schedules communicated to you are estimates only and subject to change. Soluna does not represent or warrant that it will be able to ship the Product by this estimated date. If a Product offered by Soluna will not be available by the estimated time of delivery, we will attempt to notify you by email at the email address you provided when you placed your order. If for any reason you decide that you do not want to continue to wait for delivery of your Product, you may cancel your order and receive a full refund of the purchase price. Except as stated in these Terms, Soluna shall not be liable for or provide any refunds, credits, discounts, or reimbursement of any kind for delays or changes to production or delivery schedules.
8. Returns and Refunds. The terms and conditions of Soluna’s returns and refunds policy can be found at [returns and refunds hyperlink].
9. Errors. We attempt to be as accurate as possible; however, we do not warrant that Product descriptions, specifications, images, or other information is accurate, complete, current, or error-free. All weights and size dimensions are approximate. If a Product is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on our website,
App, in an order confirmation, in processing an order, in delivering a Product, or in any materials relating to our Products, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund.
10. Limited Warranty. The terms and conditions of Soluna’s limited warranty can be found at [warranty hyperlink].
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SOLUNA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SOLUNA’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. SOLUNA’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY BUYER FOR THE DEFECTIVE PRODUCT OR SERVICE THAT BUYER HAS PURCHASED FROM SOLUNA, NOR WILL SOLUNA UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR
INDIRECT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Goods Not for Resale or Export. Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. Buyer represents and warrants that Buyer is buying products or services from Soluna for Buyer’s own personal or household use only, and not for resale or export. Products and services purchased from Soluna may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
13. Trademarks. Soluna is a trademark of Mutiny Dream Machine, Inc. All rights are reserved. These and other Soluna or Mutiny Dream Machine, Inc. graphics, logos, service marks, and trademarks of Mutiny Dream Machine, Inc. and its affiliates may not be used without the prior written consent of Mutiny Dream Machine, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on our website, App, or in any materials relating to our Products are the property of their respective owners.
14. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. The parties consent to exclusive jurisdiction and venue in [Utah] County, Utah.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Soluna.
16. No Third-Party Beneficiaries. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under these Terms.
17. Notices.
(a) To Buyer. We may provide any notice to you under these Terms by sending a message to the email address you provide.
(b) To Soluna. To give us notice under these Terms, you must contact us at:
Mutiny Dream Machine, Inc. (Soluna)
355 S 520 W Ste. 250
Lindon, Utah 84042
United States
(c) Notices sent by email will be effective when the email is sent. It is your responsibility to keep your email address current. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement. Our order confirmation, these Terms, and our Terms of Service, Privacy Policy, Shipping Policy, Returns and Refund Policy, and Limited Warranty contain the entire understanding of the parties on the matters contained in these Terms. The headings used in these Terms are solely for convenience, are not part of these Terms, and are not to be considered in construing or interpreting these Terms.