TERMS OF USE AND CONDITIONS OF SALE

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of elunalabs.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Elunalabs Inc. (“Elunalabs,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

Elunalabs Inc. is incorporated under the laws of the Province of Ontario, Canada, with its principal office located at 2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8. Our products are manufactured in the United States of America and sold primarily to customers in the United States and Canada. These Terms are governed by both Canadian federal and provincial law (including the laws of the Province of Ontario) and applicable United States federal and state law, depending on the jurisdiction in which the customer resides and the nature of the transaction.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT ANY RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE CANADIAN CONSUMER PROTECTION LEGISLATION.

You can review the most current version of the Terms at any time on this page (https://elunalabs.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

1. Website Use

2. Privacy & Security Disclosure

3. General Conditions and Website User Conduct Restrictions

4. Products Sold for Personal Use Only

5. No Medical Advice, and the Accuracy, Completeness, and Timeliness of Information

6. Canadian Regulatory Compliance (Health Canada, PIPEDA, CASL)

7. Modifications to the Website and Prices

8. Payment

9. Order Placement and Acceptance

10. Subscriptions, Automatic Payment, and Cancellation

11. Shipping

12. Delivery Confirmation

13. Returns and Refunds

14. Social Media

15. Disclaimer of Warranties

16. Disclaimer of Liabilities

17. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

18. Indemnification

19. Third-Party Websites and Links

20. Testimonials, Reviews, and Other Submissions

21. Digital Millennium Copyright Act Notice; Intellectual Property Rights

22. Electronic Communications

23. Canadian Anti-Spam Legislation (CASL) Compliance

24. Assignment

25. No Waiver

26. Severability

27. Termination

28. Governing Law and Jurisdiction

29. Entire Agreement

30. Questions or Additional Information

1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or territory of residence (which is 18 years of age in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan; and 19 years of age in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon). If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed at https://elunalabs.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. Our collection, use, and disclosure of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. For residents of the Province of Quebec, the Act Respecting the Protection of Personal Information in the Private Sector (Quebec Privacy Act) may also apply. By using the Website and providing your personal information, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy and in accordance with PIPEDA and applicable provincial legislation.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by Canadian, U.S., and international copyright, trademark, and other intellectual property laws, including but not limited to the Canadian Copyright Act (R.S.C., 1985, c. C-42) and the Canadian Trade-marks Act (R.S.C., 1985, c. T-13). You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial, state, or territorial regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, in contravention of the Canadian Human Rights Act and applicable provincial human rights legislation; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others in contravention of PIPEDA or applicable privacy legislation; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Elunalabs reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Elunalabs’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Elunalabs may take any other actions necessary in this regard or seek any remedies permitted by law.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY

You further agree that any products or services you purchase from Elunalabs on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. You should consult your healthcare provider before using any information provided by Elunalabs.

FOR CUSTOMERS IN THE UNITED STATES: The statements made on this Website have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been approved by the FDA and are not intended to replace the advice of a licensed healthcare professional.

FOR CUSTOMERS IN CANADA: The products sold on this Website may not have been evaluated or approved by Health Canada. Our products have not been assigned a Natural Product Number (NPN) or Drug Identification Number (DIN) by Health Canada unless otherwise expressly stated on the product label. The claims made on this Website have not been reviewed or approved by Health Canada’s Natural and Non-prescription Health Products Directorate (NNHPD). These products are not intended to diagnose, treat, cure, or prevent any disease. Consumers in Canada are advised to consult with a qualified healthcare practitioner prior to using any natural health product and to verify whether a product bears a valid NPN or DIN-HM number on its label.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Elunalabs does not make any guarantee that you will accomplish your health and wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.

6. CANADIAN REGULATORY COMPLIANCE (HEALTH CANADA, PIPEDA, CASL)

This section applies specifically to customers, users, and transactions involving persons residing in Canada or otherwise subject to Canadian law.

A. Health Canada and Natural Health Products

Elunalabs’s products are manufactured in the United States of America. Certain products sold through the Website may be classified as Natural Health Products (“NHPs”) under Canada’s Natural Health Products Regulations (SOR/2003-196) made under the Food and Drugs Act (R.S.C., 1985, c. F-27). NHPs sold in Canada are subject to regulatory requirements administered by Health Canada, including requirements for product licensing, site licensing, labelling, Good Manufacturing Practices (GMP), and adverse reaction reporting.

Unless otherwise expressly indicated on the product label or packaging, the products sold through this Website may not have been issued a Natural Product Number (NPN) or Drug Identification Number – Homeopathic Medicine (DIN-HM) by Health Canada. The absence of an NPN or DIN-HM means that the product has not been evaluated by Health Canada for safety, efficacy, or quality. Consumers in Canada should be aware that purchasing products without an NPN or DIN-HM is at their own risk.

The health-related claims, product descriptions, and informational content on this Website have not been reviewed, evaluated, or approved by Health Canada or the Natural and Non-prescription Health Products Directorate (NNHPD). Our products are not represented as being licensed, endorsed, or approved by Health Canada unless expressly stated otherwise. Elunalabs makes no representations or warranties that its products comply with all requirements of the Natural Health Products Regulations or any other Canadian federal or provincial health legislation.

Consumers in Canada are strongly encouraged to consult with a qualified healthcare practitioner before using any supplement or natural health product, particularly if they are pregnant, breastfeeding, taking medication, or have a pre-existing medical condition.

B. Personal Information Protection and Electronic Documents Act (PIPEDA)

Elunalabs is committed to protecting the personal information of its customers in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, and applicable provincial privacy legislation, including the Consumer Privacy Protection Act (if and when enacted) and Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (R.S.Q., c. P-39.1).

In accordance with PIPEDA, Elunalabs adheres to the following principles: (1) Accountability: Elunalabs is responsible for personal information under its control and has designated a privacy officer to oversee compliance; (2) Identifying Purposes: Elunalabs will identify the purposes for which personal information is collected at or before the time of collection; (3) Consent: Elunalabs will obtain meaningful consent for the collection, use, or disclosure of personal information, except where permitted or required by law; (4) Limiting Collection: Elunalabs will limit the collection of personal information to that which is necessary for the purposes identified; (5) Limiting Use, Disclosure, and Retention: personal information will not be used or disclosed for purposes other than those for which it was collected, except with consent or as required by law, and will be retained only as long as necessary; (6) Accuracy: personal information will be kept as accurate, complete, and up-to-date as necessary; (7) Safeguards: Elunalabs will protect personal information with appropriate security safeguards; (8) Openness: Elunalabs will make information about its privacy policies and practices readily available; (9) Individual Access: upon request, Elunalabs will inform individuals of the existence, use, and disclosure of their personal information and provide access to that information; (10) Challenging Compliance: individuals may challenge Elunalabs’s compliance with these principles to the designated privacy officer.

For privacy inquiries, complaints, or access requests, please contact our Privacy Officer at support@elunalabs.com.

C. Canadian Competition Act

All advertising and marketing materials published by Elunalabs, including on this Website and through social media channels, are intended to comply with the Competition Act (R.S.C., 1985, c. C-34) and the Canadian Code of Advertising Standards. Elunalabs does not make false or misleading representations regarding the performance, efficacy, or attributes of its products. Product testimonials and reviews displayed on the Website reflect the individual experiences of those users and do not represent guaranteed or typical results.

D. Consumer Protection Legislation

Customers residing in Canada may have rights under applicable federal and provincial consumer protection legislation, including but not limited to the Ontario Consumer Protection Act, 2002 (S.O. 2002, c. 30, Sch. A) (and, once proclaimed in force, the Consumer Protection Act, 2023), the Quebec Consumer Protection Act (R.S.Q., c. P-40.1), the British Columbia Business Practices and Consumer Protection Act (S.B.C. 2004, c. 2), and equivalent legislation in other provinces and territories. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that you may have under applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. To the extent that any provision of these Terms conflicts with any mandatory provision of applicable consumer protection legislation, the mandatory provision shall prevail.

E. Canadian Customs and Import Duties

Products shipped to Canadian customers from the United States may be subject to Canadian customs duties, taxes (including GST/HST and applicable provincial sales taxes), and import fees. These charges are the sole responsibility of the customer and are not included in the purchase price or shipping fees charged by Elunalabs. Elunalabs is not responsible for any delays caused by customs processing.

7. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only according to our Refund policy as set herein and in our FAQ page, or in your order confirmation.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices are listed in U.S. Dollars unless otherwise stated. For Canadian customers, applicable taxes (GST/HST and provincial sales taxes) may apply and will be calculated at checkout where required. Any offer for any product or service made on this Website is void where prohibited.

8. PAYMENT

All charges are in U.S. Dollars unless otherwise stated at checkout.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply, including but not limited to foreign transaction fees or currency conversion charges. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

9. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

10. SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION

When visiting the Website, you may have the option of purchasing a product one time or enrolling into Elunalabs’s subscription plan where the payment card you provide at the time of enrollment is automatically charged at a recurring interval of your choosing, including but not limited to every 7 days, 14 days, 30 days, 60 days, or 90 days, unless and until you cancel. If you enroll in Elunalabs’s subscription, the payment card you provided will be billed and the product shipped at the interval selected, from the date of your initial enrollment unless you cancel. The prices charged for your subscription will be those confirmed to you on the checkout page at the time of your enrollment in Elunalabs’s subscription plan.

If you wish to cancel your subscription in Elunalabs’s subscription plan, you may do so at any time, however, you must cancel your subscription 24 hours prior to the shipment of your next scheduled order. To cancel your subscription, simply e-mail us at support@elunalabs.com or login to your account to manage your subscription.

IF YOU ARE ENROLLED IN THE ELUNALABS SUBSCRIPTION PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE ELUNALABS SUBSCRIPTION PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE ELUNALABS SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY E-MAILING SUPPORT@ELUNALABS.COM OR LOG INTO YOUR ACCOUNT TO MANAGE YOUR SUBSCRIPTION.

If you participate in the Elunalabs subscription program using a payment card and your payment card fails to process for a subsequent shipment, you agree that Elunalabs may contact you on any phone number (including a cell phone number) or e-mail address you provided for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection.

FOR CANADIAN CUSTOMERS: In accordance with applicable Canadian consumer protection legislation, you will receive clear disclosure of the subscription terms, including the recurring charge amount, billing interval, and cancellation procedure, prior to enrollment. You will receive confirmation of your subscription enrollment via email. Your right to cancel your subscription is not limited by these Terms where applicable consumer protection legislation provides broader cancellation rights.

11. SHIPPING

Elunalabs ships to addresses located in the United States and Canada, as well as internationally where available. Delivery times for orders vary based on location and factors outside of our control. Please visit our Website or check your order confirmation for additional terms that may apply to your order.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by email immediately at support@elunalabs.com. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.

For Canadian customers, shipments from the United States may be subject to customs duties, GST/HST, provincial sales taxes, and brokerage fees. These charges are the responsibility of the customer and are not included in the prices displayed on the Website.

12. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.

13. RETURNS AND REFUNDS

Elunalabs wants you to be satisfied with your experience with us. If you receive the wrong item or if it arrives damaged or defective, or you’re unhappy with your order, please visit the Refund Policy on our Website for additional information about how to return or exchange a product or request a refund.

All sales are final after 90 days from order fulfillment. The following are nonrefundable: (1) Items marked “final sale” or “nonreturnable”, (2) shipping fees, (3) expedited shipping fees, (4) package loss warranty, (5) priority order processing fees, and (6) gift cards or orders placed using gift cards.

ELUNALABS RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REFUSE, REJECT, OR DENY ANY RETURN, EXCHANGE, OR REFUND REQUEST FOR ANY REASON OR FOR NO REASON, WITHOUT BEING REQUIRED TO PROVIDE AN EXPLANATION OR JUSTIFICATION TO THE CUSTOMER. FACTORS THAT MAY BE CONSIDERED INCLUDE, BUT ARE NOT LIMITED TO: SUSPECTED FRAUD OR ABUSE, EXCESSIVE RETURN HISTORY, PRODUCT CONDITION, EVIDENCE OF PRODUCT MISUSE OR TAMPERING, FAILURE TO COMPLY WITH RETURN PROCEDURES, RETURN REQUESTS MADE OUTSIDE THE ELIGIBLE RETURN PERIOD, OR ANY OTHER FACTOR THAT ELUNALABS DEEMS RELEVANT. THIS RIGHT TO REFUSE RETURNS IS IN ADDITION TO, AND DOES NOT LIMIT, ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO ELUNALABS UNDER THESE TERMS OR AT LAW.

After the shipping department receives your return (where applicable), it generally takes ten business days to process your refund. Once a return is processed, it may take up to ten days for the return to be posted to your account, depending on your financial institution.

FOR CANADIAN CUSTOMERS: Nothing in this section is intended to limit any rights you may have under applicable provincial consumer protection legislation regarding returns, refunds, or cancellations that cannot be waived or modified by agreement. Where mandatory consumer protection rights apply, those rights shall prevail over these Terms.

14. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, X (formerly Twitter), LinkedIn, TikTok, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Elunalabs, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

15. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

FOR CANADIAN CUSTOMERS: CERTAIN PROVINCES AND TERRITORIES OF CANADA DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT THAT THESE EXCLUSIONS OR LIMITATIONS ARE RESTRICTED BY APPLICABLE CANADIAN LAW, INCLUDING THE ONTARIO SALE OF GOODS ACT (R.S.O. 1990, C. S.1), THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE PROVINCIAL CONSUMER PROTECTION LEGISLATION.

16. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ELUNALABS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER ELUNALABS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ELUNALABS IS FOUND LIABLE UNDER ANY THEORY, ELUNALABS’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF USD $500.00 OR THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER ELUNALABS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.

FOR CANADIAN CUSTOMERS: SOME PROVINCES AND TERRITORIES OF CANADA DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE EXTENT THAT THESE LIMITATIONS ARE RESTRICTED BY APPLICABLE CANADIAN LAW, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND ELUNALABS ON AN INDIVIDUAL BASIS.

A. For Customers in the United States

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, ELUNALABS’S PRIVACY POLICY OR TERMS OF SALE, ELUNALABS’S ADVERTISING OR MARKETING PRACTICES, OR ELUNALABS’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16.

THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND ELUNALABS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT ELUNALABS’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH ELUNALABS’S WEBSITE BY SENDING A LETTER TO: ELUNALABS INC., ATTN. LEGAL DEPARTMENT, 2 BLOOR ST. EAST, SUITE 3500, TORONTO, ON, CANADA, M4W 1A8, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

B. For Customers in Canada

FOR CUSTOMERS RESIDING IN CANADA: Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall first be submitted to mediation in accordance with the ADR Institute of Canada’s Mediation Rules. If the dispute is not resolved through mediation within thirty (30) days of the appointment of the mediator, the dispute shall be referred to and finally resolved by arbitration under the ADR Institute of Canada’s Arbitration Rules. The seat of arbitration shall be Toronto, Ontario, Canada. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said Rules. The language of the arbitration shall be English (or French, where required by applicable law for Quebec residents). The arbitrator shall apply the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS ARBITRATION PROVISION SHALL BE CONSTRUED TO PREVENT ANY PARTY FROM SEEKING INTERIM OR INJUNCTIVE RELIEF FROM A COURT OF COMPETENT JURISDICTION IN ONTARIO, CANADA, OR FROM SEEKING RELIEF IN SMALL CLAIMS COURT FOR DISPUTES WITHIN ITS JURISDICTION.

IMPORTANT: NOTHING IN THIS SECTION IS INTENDED TO WAIVE, EXCLUDE, OR LIMIT ANY RIGHTS THAT CANNOT BE WAIVED, EXCLUDED, OR LIMITED UNDER APPLICABLE CANADIAN CONSUMER PROTECTION LEGISLATION, INCLUDING THE ONTARIO CONSUMER PROTECTION ACT, 2002, THE QUEBEC CONSUMER PROTECTION ACT, OR EQUIVALENT PROVINCIAL LEGISLATION. WHERE MANDATORY CONSUMER PROTECTION RIGHTS PROVIDE FOR ACCESS TO COURTS OR OTHER DISPUTE RESOLUTION MECHANISMS, THOSE RIGHTS SHALL PREVAIL. CANADIAN CUSTOMERS RETAIN ALL RIGHTS TO FILE COMPLAINTS WITH THE APPLICABLE PROVINCIAL CONSUMER PROTECTION AUTHORITY.

18. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Elunalabs, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable legal fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

19. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

20. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Elunalabs is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, in accordance with applicable Canadian and U.S. intellectual property laws. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Elunalabs may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Elunalabs’s products or services, in printed and online media, as Elunalabs determines in its absolute discretion. These testimonials do not represent the generally expected user experience.

In accordance with the Canadian Competition Act and the Canadian Code of Advertising Standards, Elunalabs represents that testimonials and reviews displayed on the Website are genuine and have not been fabricated. However, individual results may vary and are not guaranteed.

21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

A. DMCA Notice / Canadian Copyright Act Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. For claims under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) or the Canadian Copyright Act (R.S.C., 1985, c. C-42), all notices should be addressed to the following contact person:

Notification of Claimed Infringement:

Elunalabs Inc.

Attn: DMCA/Copyright Agent

2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8

Email: support@elunalabs.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, please include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury (or statutory declaration for Canadian notices), that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

B. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Elunalabs or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in Canada, the United States, and other countries, including the Canadian Copyright Act (R.S.C., 1985, c. C-42) and the Canadian Trade-marks Act (R.S.C., 1985, c. T-13). You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Elunalabs, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Elunalabs, no rights are granted to you.

C. Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Elunalabs in Canada, the United States, and/or other jurisdictions. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner.

22. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. This provision is consistent with the Ontario Electronic Commerce Act, 2000 (S.O. 2000, c. 17) and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

23. CANADIAN ANTI-SPAM LEGISLATION (CASL) COMPLIANCE

Elunalabs is committed to compliance with Canada’s Anti-Spam Legislation (S.C. 2010, c. 23) (“CASL”). In accordance with CASL, Elunalabs will only send commercial electronic messages (“CEMs”) to recipients who have provided express or implied consent in accordance with the requirements of CASL. Every CEM sent by Elunalabs will: (1) clearly identify Elunalabs as the sender; (2) include valid contact information for Elunalabs, including its mailing address (2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8) and email address (support@elunalabs.com); and (3) include a functioning and easy-to-use unsubscribe mechanism that will be honored within ten (10) business days.

You may withdraw your consent to receive CEMs from Elunalabs at any time by using the unsubscribe link included in every electronic message, or by contacting us directly at support@elunalabs.com. Upon receiving your unsubscribe request, Elunalabs will remove you from the applicable mailing list within ten (10) business days.

Elunalabs does not engage in electronic address harvesting, and will not use or sell electronic addresses collected through automated means. Elunalabs maintains records of all consent obtained for the purposes of sending CEMs, as required by CASL and the regulations issued by the Canadian Radio-television and Telecommunications Commission (CRTC).

24. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Elunalabs and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Elunalabs’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

25. NO WAIVER

No waiver by Elunalabs of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Elunalabs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

26. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

27. TERMINATION

In the event that we terminate this Agreement, Sections 2-6, 14-18, 20-29, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

28. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles, for Canadian residents and transactions.

For customers residing in the United States, these Terms shall be governed by the laws of the State in which the customer resides, or where applicable, the state designated in the arbitration agreement (Section 17A), and applicable U.S. federal law.

Elunalabs has the right to bring a claim against you in the courts of the Province of Ontario, Canada, or in the state or federal courts of the United States, for injunctive relief, equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of Elunalabs’s intellectual property rights, and you agree that venue is proper and that you are subject to personal jurisdiction in such forum.

Nothing in this Section shall deprive any consumer of the protection afforded by mandatory consumer protection legislation in their province, territory, or state of residence.

29. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Elunalabs and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

30. QUESTIONS OR ADDITIONAL INFORMATION

Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.

Elunalabs Inc.

2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8

Email: support@elunalabs.com

© 2026 Elunalabs Inc.. All rights reserved.

Last updated: April 14, 2026

IMPORTANT NOTICE: These Terms of Use have been prepared for informational purposes and are based on general legal principles applicable in Canada and the United States. These Terms have not been reviewed by a licensed attorney or lawyer and do not constitute legal advice. Elunalabs strongly recommends that you consult with a qualified legal professional in your jurisdiction before relying on these Terms for your business. Laws and regulations vary by jurisdiction and are subject to change.