Preorder

Atlas Terms of Sale

Last Updated: 09/01/2026

INTRODUCTION

Welcome to Atlas. These Terms of Sale ("Terms") explain the rules that apply when you purchase an Atlas wearable device or receive Atlas consumables (like sensor pods) through our website or any other channel we make available.

These Terms work alongside our Terms of Service, which govern your access to the Atlas app and platform services, and our Privacy Policy, which explains how we handle your data. If anything in these Terms conflicts with the Terms of Service on a purchase-related matter, these Terms control.

By completing a purchase on our checkout page, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please do not complete your purchase.

These Terms apply only to consumers who are 18 years of age or older and who reside in the United States. Atlas products are not available for purchase outside the United States at this time. Orders will only be shipped to an address in the 50 United States or the District of Columbia.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

PART A: DEVICE PURCHASE

3.1 Order Process and Estimated Delivery

Atlas is currently accepting orders for the Atlas wearable device. The current estimated ship date is Q1 2027, although timing may change. Here is exactly what happens when you place your order:

  • Device Purchase. To purchase your Atlas device, you will be charged a purchase price of $499.00 at checkout. Applicable sales tax and the $10.00 flat shipping fee will be charged at checkout in addition to the purchase price.
  • Sale Occurs at Purchase. A sale of the Atlas device occurs when you place your order and we charge the $499.00 purchase price. Delivery will occur later, with an estimated ship date in Q1 2027 that may change. Title to the device and risk of loss transfer when we tender the device to the carrier, as described in Section 3.4.
  • Returns. After delivery, the standard Atlas Return Policy applies. You may return the device for a refund within 15 calendar days after the date of delivery, subject to the eligibility requirements, conditions, and return process in that policy.
  • Estimated Ship Date. Our current estimated ship date for the Atlas device is Q1 2027. This is an estimate, not a guarantee of delivery, and timing may change due to manufacturing timelines, supply chain conditions, regulatory review, or other factors. If we cannot ship within the represented timeframe, we will notify you of the delay and provide you with the right to cancel your order for a prompt full refund or to consent to a revised shipping date, in accordance with the FTC Mail Order Rule.
  • First-In-First-Out Fulfillment. Orders will be fulfilled in the sequence they are received. Placing your order earlier means you are higher in the fulfillment queue.
  • Atlas's Right to Cancel. We reserve the right to cancel any order at our discretion, including if we detect fraud, an inability to fulfill, or a pricing error. If we cancel your order, we will refund all amounts you paid for the order, including the $499.00 purchase price and any applicable taxes and shipping charges.

3.2 Availability and Pricing

We work hard to keep our pricing clear and consistent. Here is what you should know:

  • Price at Time of Order Governs. The price you are shown and charged at checkout is the price that applies to your order. We reserve the right to change our prices at any time for future orders, but a price change will never retroactively apply to an order you have already placed.
  • United States Only. Atlas products are currently available for delivery to addresses in the 50 United States and the District of Columbia only. We are not responsible for your compliance with the laws of any other country if you attempt to use our products outside the United States.
  • Sales Tax. Sales tax will be calculated and charged at the time of purchase based on your shipping address, in accordance with applicable state and local law. You are responsible for all applicable sales and use taxes.
  • Pricing Errors. If we discover a pricing error after you place an order, we will contact you and give you the choice to proceed at the correct price or cancel for a full refund.

3.3 Payment

We process all payments securely through Shopify and Stripe. By placing an order, you authorize us to charge your payment method as described below:

  • Valid Payment Method Required. You must provide a valid credit card, debit card, or other payment method accepted at checkout. You represent that you are authorized to use the payment method you provide.
  • Payment at Purchase. When you place your order, your payment method will be authorized and charged for the full $499.00 purchase price, plus applicable sales tax and shipping charges, at that time. This is a real charge, not merely an authorization hold.
  • No Additional Charge at Shipment. Because the full $499.00 purchase price, applicable sales tax, and shipping charges are collected at checkout, no additional charge will be made for the device when it ships.
  • Payment Security. We do not store your full card number on our servers. Payment data is handled by Stripe and Shopify in compliance with PCI-DSS standards.

3.4 Shipping and Delivery

  • Flat Shipping Fee. A $10.00 flat shipping fee applies to each device order and will be charged at checkout in addition to the $499.00 purchase price. There is no additional shipping charge at the time of delivery.
  • Estimated Timelines. Any shipping timeline we communicate is an estimate. We select carriers and shipping methods at our discretion. We will provide you with tracking information once your order ships.
  • Risk of Loss. Title to your Atlas device and risk of loss or damage transfer to you when we tender the device to the carrier for delivery. Once the carrier has your package, the shipment is in their care. We are not responsible for delays, damage, or losses that occur after the package is with the carrier.
  • Carrier Issues. If your package arrives damaged or does not arrive, please contact us and we will work with you in good faith -- but our liability is limited as set forth in Section 5.2 of these Terms.

3.5 Returns

Our Atlas Return Policy, including the 15-day return window measured from the date of delivery and step-by-step instructions for initiating a return, is available at atlasmankind.com/returns ("Return Policy"). The Return Policy governs eligibility, conditions, and the return process for device returns. In the event of any conflict between these Terms and the Return Policy, these Terms control.

3.6 Resale Restriction

Atlas devices are designed for personal health monitoring and are intended for your own personal use only.

  • No Resale Permitted. You may not resell, re-offer for sale, transfer for compensation, or otherwise commercially redistribute any Atlas device or consumable. This includes listing the product on third-party marketplaces such as eBay, Amazon, Facebook Marketplace, or similar platforms.
  • Effect on Warranty. If Atlas determines that a device has been resold or transferred in violation of this section, Atlas may void the Limited Warranty for that device and deny warranty service to any subsequent holder.
  • Personal Transfers. Nothing in this section prevents you from gifting the device (without compensation) to a family member or friend, provided the recipient agrees to Atlas's Terms of Service and creates their own Atlas account.

PART B: CONSUMABLES

Atlas's wearable platform relies on sensor pods ("Consumables"). This Part B governs the supply and ownership of those Consumables.

4.1 Consumable Shipments

  • Delivery Address. Consumables will be shipped to the address on file in your Atlas account. It is your responsibility to keep your shipping address current. Atlas is not responsible for Consumables shipped to an outdated address you have not updated.
  • Subscription Requirement. After your initial shipment, consumable shipments are contingent on maintaining an active, paid Atlas subscription. If your subscription lapses, is suspended, or is cancelled, Consumable shipments will stop.

4.2 No Right of Return

All Consumable sales are final. Because Consumables are health-sensing components that are manufactured and shipped to spec for your subscription, we do not accept returns of Consumables under any circumstances, and no refund will be issued for Consumables once they have shipped from our facility.

4.3 No Warranty on Consumables

Consumables are provided to you "AS IS." To the maximum extent permitted by applicable law:

  • No Express Warranty. Atlas makes no express warranty regarding Consumables, including no warranty of a specific performance level, accuracy, or reliability.
  • No Implied Warranty. Atlas expressly disclaims all implied warranties with respect to Consumables, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
  • Performance Depends on Proper Use. The performance of Consumables depends on your following Atlas's usage guidelines, including proper skin contact, cleaning, and storage. Atlas is not responsible for reduced performance resulting from improper use, storage outside recommended conditions, or physical damage.

4.4 Title Transfer

Title to each shipment of Consumables transfers to you upon shipment from the Atlas fulfillment facility -- that is, when we hand the package to the carrier. From that point forward, the Consumables are your property. Risk of loss during transit follows the same rule as for device orders: once tendered to the carrier, the shipment is in the carrier's care.

GENERAL PROVISIONS

5.1 Warranties and Disclaimers

Device Warranty. Atlas provides a limited warranty for your Atlas device as described in the Atlas Limited Warranty Policy, which is incorporated by reference and available at atlasmankind.com/warranty. That policy sets out the specific defects covered, the duration of coverage, and the process for making a warranty claim. Please read it carefully -- it is separate from these Terms of Sale.

General Disclaimer. EXCEPT AS EXPRESSLY STATED IN THE ATLAS LIMITED WARRANTY POLICY FOR THE DEVICE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATLAS MAKES NO WARRANTIES -- EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE -- REGARDING ANY PRODUCT OR SERVICE PROVIDED UNDER THESE TERMS. THIS MEANS WE MAKE NO GUARANTEE THAT PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS BEYOND WHAT IS STATED IN THE LIMITED WARRANTY POLICY.

Some states do not allow the exclusion of implied warranties. If you live in such a state, the above exclusion may not apply to you in full, and you may have additional rights.

5.2 Limitation of Liability

Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATLAS'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS, OR THE PURCHASE, SHIPMENT, OR USE OF ANY PRODUCT COVERED BY THESE TERMS, WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO ATLAS FOR THE PRODUCT(S) AT ISSUE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

No Consequential Damages. IN NO EVENT WILL ATLAS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES -- INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. If you live in such a state, the above limitations may not apply to you in full.

5.3 DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Sale as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Atlas, whether arising out of or relating to these Terms of Sale (including any alleged breach thereof), the Products or the Store, any advertising, or any aspect of the purchase relationship between us, will be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Sale, you and Atlas are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ATLAS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ATLAS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

(c) Pre-Arbitration Dispute Resolution

Atlas is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@atlasmankind.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Atlas should be sent to Occam BCI, Inc., 600 California Street, Fl 11, Ste 12-028, San Francisco, CA 94108 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Atlas and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Atlas may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Atlas or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Atlas is entitled.

(d) Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Sale as a court would.

All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Sale and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Atlas and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA.

If your claim is for $10,000 or less, Atlas agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Atlas or you under the AAA Rules, Atlas and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Atlas will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Atlas will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. You and Atlas agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order.

In keeping with the confidential nature of the arbitration, you and Atlas agree that an order confirming an award is only necessary if the obligations of the award have not been performed.

(g) Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Sale will continue to apply.

(h) Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Sale to the contrary, Atlas agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a customer under these Terms of Sale, you may reject any such change by sending Atlas written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Sale (or accepted any subsequent changes to these Terms of Sale).

(i) Opt-Out

You may opt out of this Arbitration Agreement by sending written notice to the Notice Address within thirty (30) calendar days of first accepting these Terms of Sale. Your opt-out notice must include your name, your address, and a clear statement that you do not wish to be bound by this Arbitration Agreement. Opting out will have no adverse effect on your relationship with Atlas. Any opt-out request received after the deadline will not be valid.

5.4 Data Protection

When you make a purchase, we collect certain personal information from you (such as your name, shipping address, and payment information). How we collect, use, share, and protect that information is explained in the Atlas Privacy Policy, available at atlasmankind.com/privacy. By making a purchase, you acknowledge that you have reviewed the Privacy Policy.

California residents have additional rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy.

5.5 Electronic Communications

By placing an order with Atlas, you consent to receiving transactional and order-related notices electronically, including by email. We use Klaviyo and similar email service providers to deliver these notices. Electronic notices satisfy any legal requirement that such notices be provided in writing.

Transactional communications -- such as order confirmations, shipping notifications, refund confirmations, and delay notices -- are not marketing communications and will be sent regardless of your marketing preferences. To receive these notices, you must keep a valid email address on file in your Atlas account.

5.6 Force Majeure

Atlas will not be in breach of these Terms, and will not be liable for any delay or failure to perform, to the extent that the delay or failure results from causes beyond our reasonable control. These include, without limitation: acts of God, natural disasters, pandemic or public health emergency, fire, flood, war, terrorism, civil unrest, government action or regulation, labor disputes, power outages, internet or infrastructure failures, supply chain disruption, or the acts or omissions of third-party suppliers or carriers.

If a force majeure event delays or prevents shipment of your order, we will notify you as soon as reasonably practicable. Any right you have to cancel your order and receive a full refund because of a shipping delay under the FTC Mail Order Rule or other applicable law is not affected by a force majeure event.

5.7 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The invalidity of one provision will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.

5.8 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. With respect to any disputes or claims not subject to arbitration, as set forth above, you and we submit to the person and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Notwithstanding the foregoing, nothing in this section limits any rights you may have under applicable consumer protection laws of your state of residence.

5.9 Contact Information

If you have questions about your order, a return, or these Terms, please reach out to us:

  • Email: support@atlasmankind.com
  • Mailing Address: Occam BCI, Inc., 600 California St, Fl 11, Ste 12-028, San Francisco, CA 94108
  • Website: atlasmankind.com
  • Business Hours: [Monday - Friday, 9 AM - 5 PM Pacific Time]