SAFETY INFORMATION, TERMS AND CONDITIONS OF USE, WARRANTY

Please read and completely understand this entire “Safety Information, Terms and Conditions of Use, Warranty, and Returns” (the “Terms”) and all terms, warnings, and instructions provided by Aletha lnc. (“Aletha”) on the website www.alethahealth.com before using any Aletha product. By using or allowing use of any Aletha product, you agree to all of these Terms. Use any Aletha product only under the guidance of your healthcare practitioner. Only use any Aletha product as described in these Terms and make sure to use proper technique and common sense. Before each use, check the equipment thoroughly for any signs of damage. Do not use it if damaged. Not intended for commercial use.

Warning

Serious or fatal injury can occur. Exercise and therapeutic tools of any kind present an inherent danger to the participant. By buying, using, or allowing the use of the any Aletha product, you understand and agree that use of any Aletha product is an inherently dangerous activity and that you EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF THIS DANGER INCLUDING SERIOUS OR FATAL INJURY SUSTAINED WHILE USING ANY ALETHA PRODUCT WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Aletha, Inc. You agree to consult your doctor before using any Aletha product. Please follow these instructions carefully and do not experiment with any uses of any Aletha product that are not explicitly set forth in these instructions or on our video instructions located at alethahealth.com/howto. All Aletha products and services are intended to be used by adults and only in the manner shown. Not intended for use by anyone under the age of 18.

Do not use the any of the Aletha products if you are/have:
- A tendency to bruise or difficulty with blood clotting
- Pregnant or trying to get pregnant
- An inguinal hernia or inguinal hernia repair
- Open wounds or fragile skin near the area
- An acute fracture, acute soft tissue injury, or recent surgery in the area
- An active infection, blood clot, cancer, or foreign body in the area
- Poor sensation in the area- Severe osteoporosis
- Any other condition that creates an unstable medical situation in the area

See below for more product-specific safety contraindications.

Do not use the Range if you are/have:
- Any of the above conditions
- A vertebral artery insufficiency, aneurysm, or vascular disease in the area
- An increased risk of lymphedema (when using the Range near the pecs)

Do not use the Band if you are/have:
- Any of the above conditions
- Allergic to latex

As with pressure on any part of the body, there is a risk of pressure on blood vessels causing throbbing or bruising or pressure on nerves causing nerve pain or numbness. If you notice these sensations, try another spot. If you have scar tissue in the area, you may experience normal but intense sensations. As with any new intervention to your body, consult with a medical professional prior to use, especially if you are concerned about your particular medical condition.

Establish a comfortable use for yourself within the guidelines set forth in this instruction booklet. The ideal amount of pressure, length of pressure, and frequency of use will vary from person to person. If it feels too uncomfortable, stop and consult your healthcare practitioner.

DISCLAIMER

No medical claims are made or implied by Aletha Inc. with respect to any Aletha product, in any way relating to any Aletha product or by the company Aletha Inc. or any of its related devices. These tools and its use are not intended to diagnose, cure, prevent, treat or mitigate any medical condition or disease. Always seek professional medical advice for the diagnosis and treatment of any health condition. All of the information expressed herein must be considered theoretical and unproven and for educational purposes only and is not a medical device and has not been evaluated by the FDA. Results may vary.

By use of any Aletha product product, the buyer will indemnify, defend and hold harmless the seller, each of its affiliates, and each of its employees, officers, directors and agents from and against any and all liability, loss, damage, expense (including reasonable attorney’s fees and expenses) and cost (collectively, a liability) that the seller indemnified party may be required to pay to one or more third parties resulting from or arising out of (a) personal injury or death of any person as a result of the use of any Aletha product or (b) the conduct or information shared by the seller or its affiliates or licensees or sublicensees in respect to any Aletha product.

By using any Aletha product, you agree to be bound by the terms of this disclaimer, and agree to assume certain risks, all of which limits your rights and restricts Aletha lnc.’s obligations to you.

Limitation of Liability - As set forth in the limited warranty section below, Aletha Inc.’s liability is limited to repair or replacement of its products. In no event shall Aletha’s liability exceed the value of the product(s) sold. UNDER NO CIRCUMSTANCES WILL ALETHA, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO ANY ALETHA PRODUCT, YOUR USE OF ANY ALETHA PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ALETHA PRODUCT IS SET FORTH IN THE LIMITED WARRANTY SECTION BELOW.

LIMITED WARRANTY

The warranty obligations of Aletha Inc. for this product are limited to the terms set forth below:

What is covered

This limited warranty covers defects in materials and workmanship of this product for one (1) calendar year from the date of original purchase.

Who is covered

Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product.

What is not covered

This limited warranty does not cover any damage, deterioration, or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges or other acts of nature.Aletha Inc. shall not be liable for any loss of use of this product, or other incidental or consequential costs, expenses, or damage incurred by the customer or other users.

Repair or replacement

Aletha Inc. will, at its sole discretion, provide one of the following remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:

a) Repair or facilitate the repair of any defective parts within a reasonable person of time, free of any charge for the necessary parts and labor to complete the repair and/or restore this product to its proper operating condition. Aletha Inc. will also pay the shipping costs necessary to return this product once the repair is complete.

b) Replace this product with a direct replacement or with a similar product deemed by Aletha Inc. to perform substantially the same effect.

Activate your limited warranty

If you have an issue with any Aletha product, please reach out to us at warranties@alethahealth.com. Because issues are rare, we require you to share photos and a description of your issue so we can best help you. Our team would be happy to guide you through the return and replacement process. Keeping your original packaging will be helpful in case of return.

Exclusive remedy

To the maximum extent permitted by law, this limited warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, express or implied. To the maximum extent permitted by the law, Aletha Inc. specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Aletha Inc. cannot lawfully disclaim or exclude implied warranties under applicable law, then all implied warranties covering this product, including warranties of merchantability and fitness for a particular purpose, shall apply to this product as provided under applicable law.

If any product to which this limited warranty applies is a “consumer product” under the Magnuson-Moss Warranty Act (15 U.S.C.A. §2301 ET SEQ.) or other applicable law, the foregoing disclaimer of implied warranties on this product, including warranties of merchantability and fitness for the particular purpose, shall apply as provided under applicable law.

Other conditions

This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state. This limited warranty is void if: (i) the product has been opened and or tampered with by someone other than an authorized Aletha Inc. service provider (ii) the product has sustained water damage, other accidental or intentional damage, or been misused or abused, (iii) the product is not distributed by Aletha Inc. or (iv) this product is not purchased from an authorized Aletha Inc. reseller. By using or allowing the use of any Aletha product, you agree to these Terms.

Entire Obligation

These Terms state the entire obligation of Aletha, Inc. with respect to any Aletha product and related products. If any part of these Terms is determined to be void, invalid, unenforceable or illegal, including but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Applicable Law

These Terms and your purchase of any Aletha product are governed by the laws of the state of California. You hereby consent to the jurisdiction and venue of the Superior Court of Contra Costa, California in all disputes arising out of or relating to the use of any Aletha product. Use of any Aletha product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation to this paragraph.