Terms of service

Brilliant Wear Dev Kit Terms of Sale & Platform Usage Agreement

Version 1.0 — Effective August 10, 2026

These terms are an agreement between you and Brilliant Sole, Inc., doing business as Brilliant Wear ("Brilliant Wear," "we," "us"), and govern your purchase and use of Brilliant Wear development-kit hardware, firmware, SDKs, and related services (together, the "Products"). By checking the agreement box and placing an order, you accept these terms. You represent that you are at least 18 years of age and, if you are ordering for an organization, that you have authority to bind it. If you do not agree to these terms, do not place an order.

1. Development kits — intended use

The Products are development kits sold for engineering, research, prototyping, evaluation, and educational purposes by developers, researchers, and institutions. They are not general-consumer products, medical devices, or personal protective equipment. The Products have not been cleared, approved, or certified by the U.S. Food and Drug Administration or any other regulatory authority for medical, clinical, or safety-of-life use.

You may not:

  • use the Products, or any application, product, or system built with them, for medical diagnosis, treatment, monitoring, or any clinical purpose;
  • use them in safety-of-life or safety-critical applications where failure could reasonably result in injury, death, or significant property damage;
  • market, sell, or distribute any end product incorporating the Products without obtaining your own independent regulatory certifications and, where required, our prior written agreement.

You are solely responsible for determining the suitability of the Products for your intended application and for obtaining all regulatory approvals required for any end product you create.

2. Orders, payment, shipment, and risk of loss

Payment is collected in full at the time of order. Estimated shipment windows displayed at checkout and in your order confirmation are good-faith estimates, not guaranteed delivery dates; component availability and production capacity can affect timing. If we cannot ship within the estimated window, we will notify you with a revised estimate, and you may cancel for a full refund.

You may cancel any unshipped order at any time for a full refund of the purchase price. Returns of shipped Products are governed by our Refund Policy (currently 30-day returns on unused kits).

Title and risk of loss pass to you when we deliver the Products to the carrier. If a shipment arrives damaged or is lost in transit, contact us promptly and we will work with the carrier on a claim. For international orders, you are responsible for import duties, taxes, VAT, customs fees, and clearance procedures; we are not responsible for delays caused by customs or import regulations.

3. Safety warnings — read before use

The Products contain rechargeable lithium-ion batteries and electronics designed to be worn on the body, including under the foot. You agree to read and follow all safety documentation shipped with the Products and published in our official documentation, including these critical warnings:

  • Damage and puncture. Immediately stop using any Product that is punctured, crushed, torn, swollen, unusually hot, leaking, or wet inside. A punctured or crushed lithium-ion battery can overheat, vent toxic gases, or ignite. Insoles experience repeated foot pressure by design and are not protective armor: stepping on a sharp object (for example, a nail or glass) that penetrates the insole can damage the battery. If penetration or damage occurs, remove the insole from the shoe and from contact with your body immediately and permanently discontinue use.
  • Charging. Charge only with the supplied chargers or Brilliant Wear–approved accessories, on a hard, non-flammable surface, away from bedding, carpets, and flammable materials. Never charge unattended overnight or while a Product is being worn.
  • Sensation and circulation. Do not use the Products if you have reduced sensation or circulation in your feet (including peripheral neuropathy, diabetes-related sensory loss, or similar conditions) — you may be unable to detect heat, pressure, or other warning signs. Discontinue use immediately if you experience skin irritation, pressure points, burns, or discomfort.
  • Environment and disposal. Keep the Products away from children and pets. Do not expose them to open flame, extreme heat, or immersion beyond any stated ingress-protection rating. Dispose of batteries only in accordance with local regulations.

You agree to convey these warnings to any person you allow to use the Products.

4. Assumption of risk

THE PRODUCTS ARE DEVELOPMENT-STAGE HARDWARE INTENDED TO BE WORN ON THE BODY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF DEVELOPMENT-STAGE WEARABLE ELECTRONICS, INCLUDING RISKS ARISING FROM BATTERY DAMAGE CAUSED BY PUNCTURE, CRUSHING, IMPACT, FOREIGN OBJECTS, MISUSE, OR ENVIRONMENTAL EXPOSURE — EXCEPT TO THE EXTENT SUCH HARM RESULTS FROM OUR OWN NEGLIGENCE OR FROM A PRODUCT DEFECT FOR WHICH LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

5. Limited warranty

We warrant that the hardware Products will be free from defects in materials and workmanship for 30 days from the date of delivery. Your exclusive remedy under this warranty is, at our option, repair, replacement, or refund of the purchase price of the defective Product. This limited warranty does not cover normal wear and tear, nor damage resulting from misuse, modification, disassembly, punctures or crushing by external objects, water immersion beyond any stated rating, improper charging, or use contrary to Section 3 or the safety documentation. The Products are development-stage hardware, and gradual performance changes from ordinary on-body use are not defects.

EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCTS, FIRMWARE, SDKs, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITS ON THEIR DURATION; IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6. Platform, SDK, and firmware license

Published Brilliant Wear SDKs (including the JavaScript, Swift, Unity, and Unreal Engine versions) are provided under their respective published open-source licenses; those licenses, not this agreement, govern your use of that source code.

Device firmware and cloud platform services are licensed, not sold. We grant you a limited, non-exclusive, non-transferable license to use the firmware and platform services with genuine Brilliant Wear hardware for the purposes permitted under this agreement. You may develop, commercialize, and distribute your own applications that interoperate with the Products. You may not:

  • resell, re-brand, sublicense, or redistribute the hardware, firmware, or platform services as your own product;
  • remove, alter, or obscure any safety markings, labels, or warnings;
  • use Brilliant Wear trademarks, logos, or branding without our prior written permission.

We may issue firmware or platform updates for safety, security, or interoperability reasons; continued use of the Products after such an update constitutes acceptance of the updated software. Platform and API usage is subject to published rate limits and fair-use policies.

7. Your applications and intellectual property

You retain all right, title, and interest in the applications, software, and end products you create using the Products, subject to the licenses granted in this agreement and any open-source obligations.

You are solely responsible for the safety, regulatory compliance, data-protection practices, end-user terms, and performance of anything you build. You agree to indemnify, defend, and hold harmless Brilliant Wear and its officers, directors, employees, and agents from third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your applications, integrations, or end products; (b) your modification, disassembly, or misuse of the Products; or (c) your use of the Products in violation of Section 1 or Section 3.

If you provide feedback, suggestions, or ideas regarding the Products, you grant Brilliant Wear a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback without restriction or obligation to you.

8. Data and privacy

Sensor data is processed locally on your devices and in your applications by default. Cloud features are governed by our Privacy Policy. We do not sell personal data. You are responsible for complying with all applicable data-protection laws for any data you collect or process through applications you build.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS YOU ACTUALLY PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM, AND WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE RIGHTS YOU HAVE UNDER APPLICABLE CONSUMER-PROTECTION LAW.

10. Export compliance

You agree to comply with all applicable U.S. and international export-control and sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to a U.S. embargo or sanctions, and that you will not export, re-export, or transfer the Products in violation of such laws.

11. Term and termination

This agreement remains in effect for as long as you possess or use any Products. We may suspend or terminate your access to platform services or firmware updates if you materially breach these terms or if continued use poses a safety risk. Upon termination, the licenses granted in Section 6 end, but Sections 3, 4, 5, 7, 9, 12, and 13 survive.

12. Disputes; governing law

These terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. Any dispute arising out of or relating to the Products or these terms will be brought exclusively in the state or federal courts located in New Hanover County, North Carolina, and each party consents to personal jurisdiction and venue there. Any claim must be brought within one (1) year after the cause of action accrues, unless applicable law requires a longer period.

13. General provisions

We may update these terms prospectively for future orders; the version you accepted at the time of a given order governs that order. If any provision of these terms is held unenforceable, the remaining provisions continue in full force and effect. These terms, together with the Refund Policy, Privacy Policy, and any other policies expressly referenced here, are the entire agreement between you and Brilliant Wear concerning the Products and supersede all prior or contemporaneous agreements, proposals, or representations. No purchase order or other document you issue will modify these terms unless signed by an authorized representative of Brilliant Wear.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, supply-chain disruptions, or government actions.

Notices and questions. We may provide notices by email to the address associated with your order. Reach us through the contact form at brilliantwear.com/pages/contact.