TERMS AND CONDITIONS

Elunalabs Inc.

Last Updated: April 14, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT ANY RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE CANADIAN CONSUMER PROTECTION LEGISLATION.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 24.

PLEASE REVIEW SECTIONS 20–25 CAREFULLY.

1. ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”) are entered into by and between you and Elunalabs Inc. (“Company,” “we,” “our,” or “us”).

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 govern your access to and use of: elunalabs.com; any related websites, checkout funnels, landing pages, subdomains, mobile applications, and services; any purchases of products offered through the foregoing (collectively, the “Website”); and any products or subscription services (“Products”).

By accessing or using the Website, creating an account, enrolling in a subscription, clicking “I agree,” or purchasing any Product, you: represent that you are at least the age of majority in your jurisdiction of residence (eighteen (18) years of age in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan; nineteen (19) years of age in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon; and eighteen (18) in all U.S. states); represent that you have legal capacity to enter a binding agreement; and agree to be bound by these Terms in their entirety.

If you do not agree, you must not access or use the Website.

1.1 Electronic Assent; Clickwrap

Where presented, you will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging your agreement to these Terms before completing certain transactions. Your affirmative action constitutes legally binding electronic consent. 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).

1.2 Modifications to Terms

We may revise these Terms at any time in our sole discretion. If changes are material, we will provide reasonable notice, which may include: email notification; account notification; or Website banner notice. Continued use of the Website after changes become effective constitutes acceptance. For Canadian customers, material amendments to subscription terms will comply with applicable consumer protection legislation regarding notice of changes.

2. ACCESS TO WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use. We reserve the right to: modify or discontinue any part of the Website; restrict or terminate access; and refuse service to any user. We are not liable if the Website becomes unavailable.

3. ACCOUNT SECURITY

If you create an account: you must provide accurate and current information; you are responsible for maintaining confidentiality of login credentials; and you must notify us immediately of unauthorized access. We may disable accounts at our discretion for violations of these Terms. All personal information collected through your account is handled in accordance with PIPEDA and our Privacy Policy.

4. PROHIBITED USES

You agree not to: violate any applicable law (including Canadian federal and provincial law and applicable U.S. law); scrape, crawl, or use automated means to access the Website; interfere with Website security; upload malicious code; engage in fraudulent or deceptive conduct; impersonate any person or entity; or attempt unauthorized access to systems or data. We reserve the right to investigate and pursue violations to the fullest extent permitted by law, including in cooperation with Canadian and U.S. law enforcement authorities.

5. INTELLECTUAL PROPERTY

All Website content, including text, images, graphics, trademarks, logos, software, and design elements, are owned by or licensed to the Company and are protected by the Canadian Copyright Act (R.S.C., 1985, c. C-42), the Canadian Trade-marks Act (R.S.C., 1985, c. T-13), the U.S. Copyright Act, the U.S. Lanham Act, and applicable international intellectual property laws. You may not reproduce, distribute, modify, or exploit Website content without prior written consent. No rights are granted except as expressly provided herein.

6. PRODUCT INFORMATION; REGULATORY DISCLAIMERS

6.1 United States — FDA Disclaimer

Statements made regarding Products have not been evaluated by the United States Food and Drug Administration (FDA). Products are not intended to diagnose, treat, cure, or prevent any disease. All information provided on the Website — including product descriptions, blog posts, testimonials, educational materials, and other content — is for informational and educational purposes only and is not medical advice. You should consult a qualified healthcare professional before beginning any supplement program, especially if you are pregnant, nursing, taking medication, or have a medical condition. Individual results may vary.

6.2 Canada — Health Canada Disclaimer

The products sold through this Website are manufactured in the United States of America. Certain products 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).

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.

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.

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

6.3 No Medical or Professional Advice

Nothing on the Website constitutes medical, legal, or professional advice. You acknowledge that any reliance on information presented on the Website is at your own risk.

6.4 Reliance Disclaimer

Any reliance you place on information presented on or through the Website is strictly at your own risk. The Company disclaims all liability and responsibility arising from: any reliance placed on Website materials by you or any other visitor; any interpretation of product descriptions or educational content; and any third-party materials or testimonials appearing on the Website. The Website may include content provided by third parties. Such content reflects the opinions of the individual author and does not necessarily reflect the Company’s views.

7. COMMUNICATIONS; ELECTRONIC CONSENT

By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us, including: order confirmations; shipping notifications; subscription reminders; customer service communications; and marketing communications (if opted in). You may opt out of marketing emails by using the unsubscribe link in such communications. You agree that electronic communications satisfy any legal requirement that such communications be in writing, consistent with the Ontario Electronic Commerce Act, 2000 and applicable federal legislation.

8. PRIVACY

8.1 Privacy Policy

All information we collect is subject to our Privacy Policy, available at https://elunalabs.com/policies/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.

8.2 Canadian Privacy Legislation (PIPEDA)

The Company’s collection, use, and disclosure of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, and applicable provincial privacy legislation, including Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (R.S.Q., c. P-39.1). In accordance with PIPEDA, the Company: obtains meaningful consent before collecting personal information; limits collection to information necessary for identified purposes; uses and discloses personal information only for the purposes for which it was collected; protects personal information with appropriate security safeguards; provides individuals with access to their personal information upon request; and allows individuals to challenge the Company’s compliance by contacting our Privacy Officer at support@elunalabs.com.

8.3 Cookies and Tracking Technologies

Our Website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities. Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy. For more information regarding our use of cookies and tracking technologies, please review our Privacy Policy.

9. PAYMENTS AND BILLING

9.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by the Company. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, pricing errors, or product unavailability. Prices are listed in U.S. dollars (unless otherwise stated at checkout) and are subject to change without notice. For Canadian customers, applicable taxes (GST/HST and provincial sales taxes) may apply and will be calculated at checkout where required.

9.2 Payment Authorization

By providing a payment method, you represent and warrant that: you are authorized to use the payment method; and all payment information provided is accurate and current. You authorize the Company to charge your payment method for: Products purchased; subscription renewals; shipping charges; applicable taxes; and any other disclosed fees. If payment is declined, we may suspend or cancel your order.

9.3 Third-Party Payment Processors

Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies. The Company is not responsible for payment processor errors.

9.4 Currency and Foreign Transaction Fees

Prices are displayed in U.S. dollars unless otherwise indicated. Canadian customers may incur foreign transaction fees or currency conversion charges from their financial institution. The Company is not responsible for any such fees.

10. SHIPPING; TITLE; RISK OF LOSS

Products are shipped via third-party carriers. Unless otherwise required by law: title and risk of loss transfer to you upon delivery to the carrier. Carrier delivery confirmation shall be deemed conclusive proof of delivery to the address provided by you, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for purposes of resolving disputes, including chargebacks or claims of non-delivery.

We are not responsible for delays caused by: carriers; weather; customs; or incorrect shipping information provided by you.

International and Canadian customers are responsible for customs duties, import taxes, GST/HST, provincial sales taxes, and brokerage fees where applicable. These charges are not included in the purchase price or shipping fees charged by Elunalabs.

11. AVAILABILITY; ERRORS; INACCURACIES

We may update product information, pricing, or availability at any time without prior notice. The Website may contain typographical errors or inaccuracies. We reserve the right to correct errors and cancel orders affected by pricing or description inaccuracies.

12. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond the Company’s reasonable control, including but not limited to: acts of God; natural disasters; pandemic or public health emergencies; labor disputes; supply chain disruptions; governmental actions (including customs holds or regulatory actions by Health Canada or the FDA); war or terrorism; internet service failures; payment processor outages; and carrier delays. Performance shall be excused for the duration of such event.

13. SUBSCRIPTIONS; AUTOMATIC RENEWAL; CANCELLATION

13.1 Subscription Enrollment

The Website may offer subscription purchase options (“Subscription Services”) that provide automatic recurring shipments of Products at the frequency selected during checkout. Available billing intervals include, but are not limited to, every 7 days, 14 days, 30 days, 60 days, or 90 days. If you enroll in a Subscription Service, you agree that: your subscription includes recurring payment obligations; the Company is authorized to charge your payment method automatically at the selected billing interval; and shipments will continue until cancelled in accordance with these Terms.

13.2 Clear and Conspicuous Disclosure; Affirmative Consent

At the time of enrollment, the recurring billing terms — including: the fact that charges will recur automatically; the billing frequency; the amount to be charged; and the cancellation policy — will be presented in a clear and conspicuous manner prior to completion of your purchase. You will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging the recurring nature of the subscription and the cancellation terms before completing your purchase. Your affirmative action constitutes express consent to recurring charges.

FOR CANADIAN CUSTOMERS: This disclosure complies with applicable Canadian consumer protection legislation, including the Ontario Consumer Protection Act, 2002 (S.O. 2002, c. 30, Sch. A) and equivalent provincial legislation regarding internet agreements and disclosure requirements for recurring charges.

13.3 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT.

You will not receive an additional reminder prior to each renewal unless required by applicable law. If pricing changes, we will provide advance notice as required by law.

13.4 How to Cancel

You may cancel your Subscription Service at any time. To avoid the next scheduled charge, cancellation must be completed at least twenty-four (24) hours before your next billing date. You may cancel through any of the following methods: logging into your account and following the clearly labeled cancellation instructions; using any “Cancel Subscription” feature in your account portal; emailing support@elunalabs.com; or using the third-party subscription management portal identified at checkout. We will not require you to call a live representative to cancel. Cancellation requests submitted through the account portal are effective upon confirmation. After cancellation: no future recurring charges will be made; and no additional shipments will be sent after the current billing cycle.

FOR CANADIAN CUSTOMERS: Your right to cancel your subscription is not limited by these Terms where applicable consumer protection legislation provides broader cancellation rights, including any cooling-off periods provided under provincial law.

13.5 Account Updater Disclosure

We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information (e.g., card number or expiration date) if your card issuer provides updated information. If your payment information is updated, you authorize us to charge the updated payment method. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.

13.6 Failed Payments; Reaffirmation of Authorization

If a recurring charge fails, you authorize us to: retry the charge; contact you for updated payment information; and suspend shipments until payment is received. Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method. Unpaid balances may be referred for collection where permitted by law.

14. SMS / MOBILE MESSAGING PROGRAM

The Company may offer a mobile messaging program (“Program”). By opting into the Program, you agree to receive recurring marketing and transactional text messages from or on behalf of the Company at the mobile number you provided.

14.1 Consent to Receive Messages

By opting in, you: expressly consent to receive autodialed or prerecorded marketing messages; acknowledge that consent is not a condition of purchase; understand that message frequency varies; and agree that message and data rates may apply.

14.2 Opt-Out Procedure

You may opt out at any time by replying: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive a confirmation message. Only the above methods constitute valid opt-out methods.

14.3 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless provider.

14.4 Age Restriction

You may not participate in the Program if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18), you must have parental consent.

14.5 Canadian Anti-Spam Legislation (CASL) Compliance for Messages

For recipients in Canada, the Company’s mobile messaging program complies with Canada’s Anti-Spam Legislation (S.C. 2010, c. 23) (“CASL”). Commercial electronic messages, including text messages, will only be sent to Canadian recipients who have provided express or implied consent in accordance with CASL. Every message sent to Canadian recipients will: clearly identify Elunalabs as the sender; 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 include a functioning and easy-to-use unsubscribe mechanism that will be honored within ten (10) business days.

14.6 Program Description; Message Frequency

Users who opt into the Program may receive recurring marketing and transactional messages, including but not limited to promotions, product announcements, checkout reminders, order confirmations, shipping notifications, and customer service communications. Message frequency varies and may be influenced by your interactions with us. Additional mobile messages may be sent periodically based on your purchases, account activity, or engagement with the Website.

15. 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 or contact us at support@elunalabs.com 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 (10) business days to process your refund. Once a return is processed, it may take up to ten (10) additional 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.

16. USER CONTENT

The Website may allow users to post reviews, testimonials, comments, or other content (“User Content”). By submitting User Content, you grant the Company a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from such content for business and marketing purposes, in accordance with applicable Canadian and U.S. intellectual property laws. You represent and warrant that: you own or control all rights in the User Content; the content does not violate third-party rights; and the content is truthful and not misleading.

In accordance with the Canadian Competition Act (R.S.C., 1985, c. C-34) and the Canadian Code of Advertising Standards, the Company represents that testimonials and reviews displayed on the Website are genuine and have not been fabricated. Individual results may vary and are not guaranteed.

16.1 Monitoring and Enforcement

We reserve the right, but not the obligation, to: remove or refuse to post User Content; take action if content violates these Terms; and terminate or suspend user access.

16.2 Law Enforcement Cooperation

We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user posting materials on or using the Website. You agree that the Company may disclose information about you if required by law, court order, subpoena, or governmental request under Canadian or U.S. law. You waive and hold harmless the Company and its affiliates from any claims arising from such disclosures made in good faith compliance with legal obligations.

17. 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).

18. CANADIAN CONSUMER PROTECTION

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); the Alberta Consumer Protection Act (R.S.A. 2000, c. C-26.3); the Saskatchewan Consumer Protection and Business Practices Act (S.S. 2014, c. C-30.2); 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.

Canadian customers retain all rights to file complaints with the applicable provincial consumer protection authority, including the Ontario Ministry of Public and Business Service Delivery, the Office de la protection du consommateur (Quebec), or equivalent provincial bodies.

19. 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/brokerage 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. Elunalabs makes no representations regarding the applicability or amount of customs duties or taxes that may be assessed on cross-border shipments.

20. DISCLAIMERS

THE WEBSITE, PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; TITLE; ACCURACY; RELIABILITY; AND AVAILABILITY.

The Company does not warrant that: the Website will be uninterrupted or error-free; defects will be corrected; the Website or servers are free of viruses or harmful components; or Products will meet your expectations.

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) AND APPLICABLE PROVINCIAL CONSUMER PROTECTION LEGISLATION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO: THESE TERMS; YOUR USE OR INABILITY TO USE THE WEBSITE; ANY PRODUCT PURCHASE; ANY SUBSCRIPTION SERVICE; OR ANY ADVERTISING OR MARKETING PRACTICES. THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

21.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00). THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

21.2 Allocation of Risk

You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section and that the Company would not enter into these Terms without these limitations.

21.3 Canadian Limitation of Liability

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.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, and successors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: your violation of these Terms; your misuse of the Website or Products; your violation of any law (including Canadian and U.S. law); or your violation of any third-party rights. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification.

23. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED.

This provision applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, except to the extent prohibited by applicable law. For Canadian customers, this provision does not limit any longer limitation periods provided by mandatory provincial legislation, including the Ontario Limitations Act, 2002 (S.O. 2002, c. 24, Sched. B), which generally provides a two (2) year limitation period.

24. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND THE COMPANY AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

24.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to: these Terms; the Website; any Product; any subscription or automatic renewal; any advertising or marketing practices; or any alleged misrepresentation (collectively, “Dispute”) shall be resolved exclusively through binding, confidential arbitration on an individual basis. The term “Dispute” shall be interpreted broadly.

24.2 For Customers in the United States

These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation, enforcement, and proceedings under this arbitration agreement. The arbitrator shall decide all threshold issues of arbitrability, including scope, validity, and enforceability.

24.2.1 Mandatory Pre-Arbitration Notice (U.S.)

Before initiating arbitration, the initiating party must send a written Notice of Dispute including: full name; mailing address; email associated with account; description of claim; and specific relief sought. If you initiate the Dispute, notice must be sent by certified mail to: Elunalabs Inc., Attn: Legal Department, 2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8. The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration.

24.2.2 Arbitration Procedure (U.S.)

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider. If they cannot agree, a court shall appoint the provider. Arbitration shall be conducted before a single neutral arbitrator. The arbitrator shall be authorized to award all remedies that would be available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief (including public injunctive relief where permitted by law), equitable relief, and attorneys’ fees and costs where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis.

24.2.3 Arbitration Cost Allocation (U.S.)

Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent required by those rules, the Company will bear arbitration fees in excess of the amount the consumer would be required to pay to file a comparable action in court. Each party shall bear its own attorneys’ fees unless otherwise provided by law.

24.3 For Customers in Canada

Any Dispute involving a Canadian customer 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.

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.

24.4 Reservation of Self-Help Remedies

Nothing in this Section prevents the Company from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.

24.5 Small Claims Exception

Either party may bring an individual action in small claims court (including Ontario’s Small Claims Court for claims up to $35,000 CAD for Canadian residents).

24.6 Equitable and Protective Relief

Notwithstanding the foregoing arbitration requirement, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in courts located in the Province of Ontario, Canada, or in state or federal courts in the United States, for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or violation of these Terms in a manner that threatens irreparable harm. You consent to the jurisdiction and venue of such courts for these limited purposes.

24.7 Public Injunctive Relief

Notwithstanding the foregoing, to the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. However, all other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration as set forth herein.

25. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO: PARTICIPATE IN A CLASS ACTION; SERVE AS A CLASS REPRESENTATIVE; ACT AS A PRIVATE ATTORNEY GENERAL; OR JOIN OR CONSOLIDATE CLAIMS. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS PROCEEDINGS.

FOR CANADIAN CUSTOMERS: THIS WAIVER IS SUBJECT TO APPLICABLE CANADIAN LAW. IN JURISDICTIONS WHERE CLASS ACTION WAIVERS IN CONSUMER CONTRACTS ARE UNENFORCEABLE (INCLUDING QUEBEC), THIS PROVISION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

26. MASS ACTION WAIVER

No Dispute shall be brought as a “Mass Action.” A “Mass Action” means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without consent.

26.1 Batching Procedure

If Mass Action conditions are met: claims shall be grouped in batches of no more than 200 claimants; only one batch shall proceed at a time; and a separate arbitrator shall be appointed per batch. Statutes of limitation shall be tolled during batching.

26.2 Special Master

A neutral Special Master may be appointed to resolve procedural disputes regarding Mass Action administration.

27. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL. FOR CANADIAN CUSTOMERS: THIS WAIVER APPLIES ONLY TO THE EXTENT PERMITTED UNDER APPLICABLE CANADIAN LAW.

28. OPT-OUT RIGHT

You may opt out of arbitration within thirty (30) days of first acceptance of these Terms by sending notice by certified mail (or registered mail for Canadian residents) to: Elunalabs Inc., Attn: Legal Department, 2 Bloor St. East, Suite 3500, Toronto, ON, Canada, M4W 1A8. Your notice must include your name, address, email, and a clear statement of opt-out.

29. CLAIM-SPECIFIC SEVERABILITY

If any portion of this arbitration agreement is found unenforceable as to a specific claim: that claim shall proceed in court; and all other claims shall remain subject to arbitration.

30. GOVERNING LAW AND JURISDICTION

For customers residing in the United States: except as otherwise provided in Section 24, these Terms shall be governed by the laws of the State in which the customer resides, and applicable U.S. federal law, without regard to conflict-of-law principles.

For customers residing in Canada: these Terms 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. Nothing in this Section shall deprive any Canadian consumer of the protection afforded by mandatory consumer protection legislation in their province or territory of residence.

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.

31. DIGITAL MILLENNIUM COPYRIGHT ACT; CANADIAN COPYRIGHT ACT

This Website maintains specific contact information 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:

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 with complaints regarding allegedly infringing posted material and we will investigate. If the posted material is believed in good faith to violate any applicable law, we will remove or disable access to such material and notify the posting party. Please include in your notice: (i) description of the copyrighted work; (ii) description and location of the infringing material; (iii) your contact information; (iv) a good faith belief statement; (v) a statement of accuracy under penalty of perjury (or statutory declaration for Canadian notices); and (vi) your physical or electronic signature or that of an authorized representative.

32. MISCELLANEOUS

These Terms constitute the entire agreement between you and the Company. No waiver shall be deemed continuing. If any provision is invalid, the remaining provisions remain in effect. The Company may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No ambiguity shall be construed against the drafting party.

The provisions regarding dispute resolution, arbitration, class action waiver, mass action waiver, limitation of liability, indemnification, intellectual property, payment obligations, privacy, CASL compliance, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

CONTACT INFORMATION

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 and Conditions 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.