Last Updated: October 27, 2025

THESE TERMS OF SALE (THESE "TERMS") ARE BETWEEN JANO LIFE INC. D/B/A JANOLIFE (“JANOLIFE”, “US”, “OUR”, OR “WE”) AND YOU (“YOU” OR “YOUR”). THESE TERMS SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY PURCHASE PRODUCTS AND SERVICES FROM JANOLIFE (EACH, A “PRODUCT”) THAT IS EXPRESSLY IDENTIFIED: (A) IN AN ORDER FORM OR OTHER DOCUMENT SIGNED BY YOU AND JANOLIFE THAT REFERENCES AND INCORPORATES THESE TERMS OR (B) DURING THE ORDERING OR CHECKOUT PROCESS ON OR THROUGH WEBSITES OWNED OR CONTROLLED BY JANOLIFE (EACH, A “SITE”), INCLUDING HTTPS://PETAL.TODAY (EACH, AN “ORDER”). THESE TERMS, THE ORDER, AND ANY OTHER TERMS INCORPORATED BY REFERENCE INTO THESE TERMS OR THE ORDER (COLLECTIVELY, THIS “AGREEMENT”) APPLY TO YOUR PURCHASE OF A PRODUCT. BY CLICKING A BOX OR OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS, SIGNING OR OTHERWISE AGREEING TO AN ORDER REFERENCING THESE TERMS, OR BY OTHERWISE PURCHASING A PRODUCT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASE OF A PRODUCT, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO PURCHASING A PRODUCT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF YOUR PURCHASE OF A PRODUCT (THE “EFFECTIVE DATE”). YOU AND JANOLIFE ARE EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES.” CAPITALIZED TERMS USED BUT NOT DEFINED IN THESE TERMS WILL HAVE THE MEANINGS SET FORTH IN THE ORDER.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND JANOLIFE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Order Acceptance and Cancellation. You agree that your Order is an offer to buy, under these Terms, all Products listed in your Order. All Orders must be accepted by JanoLife or we will not be obligated to sell the Products to you. You must be at least 18 years old to place an Order. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your Order and the formation of the contract of sale between you and JanoLife will not take place unless and until you have received your Order confirmation email. You have the option to cancel your Order at any time before we have sent your Order confirmation email or as otherwise set forth in our Cancellation Policy available at https://petal.today/policies/subscription-policy by emailing us at hello@petal.today.

2. Prices and Payment Terms.

2.1 Prices. All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. We may offer preorders for certain Products, in which case we may charge a deposit or other payment at time of checkout, with the remainder of the price charged for a Product due at a later date, as set forth in your Order. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, unless otherwise specified in your Order. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.

2.2 Payment Terms. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order.

2.3 Third-Party Payment Processor. To facilitate payments due hereunder via bank account, credit card or debit card, JanoLife currently uses a third-party payment processor (e.g., Shopify or Stripe) (“Processor”). The payment processing services currently provided by Processor are subject to separate terms and conditions, agreements, and policies imposed or required by Processor (collectively, the “Processor Services Agreement”). By agreeing to this Agreement, you agree to be bound by the Processor Services Agreement, as the same may be modified by Processor from time to time. As a condition of JanoLife enabling payment processing services through Processor, you represent and warrant to JanoLife that any information about your payment instruments and bank accounts is true and that you are authorized to use the payment instrument and bank account, as applicable. You also hereby authorize JanoLife to share such information and other transaction information related to its use of the payment processing services provided by Processor. You hereby authorize Processor to store and automatically continue billing your specified payment method, even after such payment method has expired, to avoid interruptions in payment for your Order, without need for further approval. Please contact Processor for more information. JanoLife may replace Processor at any time. Upon making any such change, this paragraph will be deemed modified to replace Processor with any such new processor designated by JanoLife and to replace the Processor Service Agreement with the applicable terms and conditions of such replacement Processor. JanoLife assumes no liability or responsibility for any payments made through Processor.

3. Shipments; Delivery; Title and Risk of Loss.

3.1 Shipment. We will arrange for shipment of the Products to you. Please check the individual Product page or your Order for specific delivery options and delivery date estimates. You will pay all shipping and handling charges specified during the Order process.

3.2 Title; Risk of Loss. Title and risk of loss pass to you upon our transfer of the Products to you at delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Returns and Refunds.

4.1 Returns. WE WILL ACCEPT A RETURN OF THE PRODUCTS FOR A REFUND OF YOUR PURCHASE PRICE, LESS THE ORIGINAL SHIPPING AND HANDLING COSTS, PROVIDED (A) SUCH RETURN IS MADE WITHIN 30 DAYS OF THE DELIVERY OF THE PRODUCT TO YOU; (B) SUCH PRODUCT IS RETURNED IN LIKE-NEW CONDITION, WITH NO VISIBLE DAMAGE OR EXCESSIVE WEAR, AND ALL AND ORIGINAL PACKAGING AND ACCESSORIES; AND (C) YOU ARE THE ORIGINAL PURCHASER OF THE PRODUCT.

4.2 Return Process. To return Products, you must obtain a return merchandise authorization (“RMA”) number from us by visiting https://petal.today or emailing us at hello@petal.today. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items, and you bear the risk of loss during shipment.

4.3 Refund Requests. Other than returns for Products that are returned in the first 30 days of the delivery of the Product to you which will result in an automatic refund to you, JanoLife will inspect and notify you via email of the approval or rejection of your refund. Refunds are processed within approximately 7–10 business days of our receipt of your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

4.4 Exchanges. We do not offer direct exchanges. If you wish to exchange a Product, please follow the return process and place a new order separately.

5. Your Obligations. You will maintain all Products in accordance with any documentation and instructions made available by JanoLife and will promptly report to JanoLife any damage to a Product (subject to normal wear and tear) of which you become aware. You are solely responsible for use of all Products in breach of this Agreement. Without limiting the foregoing, you will:

5.1 implement all reasonable safety precautions during your use and operation of the Products;

5.2 upon discovering any actual or potential defects, damage, or malfunctions in the Products, promptly inform JanoLife and cease using the affected Products;

5.3 ensure that the Products are not exposed to water beyond their rated water resistance level;

5.4 ensure that you have (a) the necessary skills and training required to safely operate and use the Products in accordance with the applicable documentation and (b) familiarity with the risks posed by the Products;

5.5 store the Products in a location using appropriate safety precautions to protect the Products against damage;

5.6 perform all routine maintenance on the Products described in the applicable documentation;

5.7 use only approved chargers and cables to charge the Products; and

5.8 ensure that your use of the Products complies with all applicable laws, governmental orders, regulations, and industry standards and guidance in your jurisdiction.

6. Proprietary Rights.

6.1 Ownership. JanoLife and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product, JanoLife Software, and any related specifications, instructions, documentation or other materials, including all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted hereunder or the applicable Software Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or JanoLife Software.

6.2 JanoLife Software. USE OF THE PRODUCTS IS DEPENDENT UPON SOFTWARE OR FIRMWARE EMBEDDED ON OR IN THE PRODUCTS (“FIRMWARE”) AND SEPARATE SOFTWARE OR TECHNOLOGY (E.G., A MOBILE APPLICATION USED ON A SUPPORTED MOBILE DEVICE) WITH WHICH THE PRODUCTS MUST INTERACT (COLLECTIVELY, WITH THE FIRMWARE, “JANOLIFE SOFTWARE”), YOUR RIGHTS TO WHICH WILL BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, END USER LICENSE AGREEMENTS, OR OTHER AGREEMENTS (“SOFTWARE TERMS”) AND FOR WHICH WE MAY CHARGE ADDITIONAL FEES. Certain JanoLife Software may also require internet access for proper functionality. It is your responsibility to ensure access to the internet and functionality of your mobile device. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. In the absence of any Software Terms, then subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license during the term of this Agreement to use the Firmware solely in connection with your authorized personal, non-commercial use of the Products and for no other purpose. In the event of any conflict between these Terms and any Software Terms with respect to the JanoLife Software, the Software Terms will control with respect to such conflict.

6.3 Restrictions. You will not, and will not allow any third party to, directly or indirectly: (a) reverse engineer, modify or create any derivative works based on any Product, any JanoLife Software, the applicable documentation, or any portion of the foregoing (or their underlying components, software, or idea), except as expressly permitted by applicable law; (b) reproduce any Product, JanoLife Software, applicable documentation or any part thereof; 
(c) sublicense, distribute, sell, export, assign, transfer, lend, rent, lease, loan, transfer, grant any rights in or to or otherwise allow use by or on behalf of any third party all or any portion of any Products, any JanoLife Software, or the applicable documentation, or provide access to any Product to third parties; (d) tamper with, open, or otherwise access or attempt to access the inside of any Product; (e) remove, modify, deface, or replace any of JanoLife’s or any third party’s proprietary notices or marks which appear on all Products; (f) conduct benchmarking or competitive analysis using results obtained from the use of any Product or JanoLife Software; (g) use any Product, JanoLife Software or portions thereof to develop any similar or competitive products or services; (h) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any security or protection mechanisms in any Product or JanoLife Software; or 
(i) use any Product or JanoLife Software in a manner that violates any third-party rights or any applicable laws, rules, or regulations.

6.4 Feedback. If you choose to provide input and suggestions regarding our products and services, including the Products (collectively, “Feedback”), then we have (a) sole discretion to determine whether and how to proceed with Feedback and (b) the full and unrestricted right to use or incorporate Feedback into any of our products, services, or materials, without any attribution of or compensation to you.

7. Term and Termination.

7.1 Term and Termination. This Agreement will commence upon the Effective Date and will continue in full force and effect while you use the applicable Product, unless sooner terminated pursuant to this Section. Either Party may terminate this Agreement (including the Order) upon written notice to the other Party if the non-terminating Party fails to cure a material breach of this Agreement (including a failure to pay fees) within 30 days after receiving notice thereof from the terminating Party. If you breach Sections 5 or 6.3 of these Terms or if we are required to do so by applicable law, we have the right to, immediately and without notice, terminate this Agreement.

7.2 Effect of Termination. Upon expiration or termination of this Agreement for any reason, you will remain liable for all amounts due for the applicable Products delivered prior to termination, including any unpaid invoices, and will return any unpaid Products in their original condition. All rights and obligations of the Parties will cease, except for those provisions that expressly survive termination, which include Sections 2, 4, 6, 7.2, 8.1 (solely during the Warranty Period (defined below)), 8.2 (during the Warranty Period), 8.3, 9, 10, 12, and 13. JanoLife reserves the right to conduct a final accounting to settle any outstanding balances, and you agree to pay any amounts owed as reasonably determined by such accounting.

8. Limited Warranty; Disclaimer.

8.1 Limited Warranty and Exclusions. JanoLife warrants to you that each Product as delivered to you will be free from defects in material and workmanship for one (1) year from the date of the applicable Product delivery (the “Warranty Period”, and such warranty, the “Limited Warranty”). This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The Limited Warranty will not apply to the extent the warranty failure is caused by any of the following:

8.1.1 damages caused by transportation or improper use or storage, including failure to perform any preventative maintenance described in the documentation provided with the applicable Product;

8.1.2 ordinary wear and tear, including scratches to the applicable Product or battery degradation;

8.1.3 water damage beyond the rated resistance level;

8.1.4 modifications or alterations made to the applicable Product other than as authorized by JanoLife in writing, including unauthorized repair;

8.1.5 the combination, operation or use of the applicable Product with software, hardware, or other technology not provided by JanoLife and approved for use in connection with the applicable Product;

8.1.6 your failure to use or implement corrections, enhancements, modifications, or upgrades provided to applicable Products by JanoLife;

8.1.7 your failure to use the applicable Product in accordance with applicable documentation (if any), including any abuse of, or accident involving, such Product;

8.1.8 loss or theft of the applicable Product; or

8.1.9 your breach of this Agreement.

8.2 Warranty Claims. The Limited Warranty extends only to the original purchaser of the Products. It does not extend to any subsequent or other owner or transferee of the Products. If you notify JanoLife (where such notice includes proof of purchase and a reasonably detailed description of the alleged warranty defect) during the Warranty Period that a Product does not satisfy the Limited Warranty, then JanoLife’s sole and exclusive obligation, and your sole and exclusive remedy, will be for JanoLife to repair or replace (including with a new or refurbished unit) the defective Product or refund the purchase price for the Product, at JanoLife’s sole discretion. You agree to provide any additional details concerning the potential defect requested by JanoLife, including a description of the circumstances under which the alleged defect occurred. Contact hello@petal.today for any complaints concerning Product quality or malfunction by the Product. To obtain warranty service, you must email us at hello@petal.today during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number. You will pay all shipping and handling charges for getting a Product back to us or our designee for warranty service. The dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under the Limited Warranty or this Agreement.

8.3 Disclaimers.

8.3.1 DO NOT USE THIS SITE OR THE PRODUCTS FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

8.3.2 IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

8.3.3 EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 8.1 AND AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE PRODUCTS AND JANOLIFE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, JANOLIFE MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. EXCEPT AS OTHERWISE REQUIRED BY LAW, JANOLIFE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. JANOLIFE DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS OR JANOLIFE SOFTWARE OR AGAINST INFRINGEMENT, AND ANY SUCH IMPLIED WARRANTIES REQUIRED BY APPLICABLE ARE LIMITED TO THE WARRANTY PERIOD OR SUCH LONGER PERIOD AS REQUIRED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. JANOLIFE DOES NOT WARRANT THAT THE PRODUCTS, JANOLIFE SOFTWARE, OR DATA COLLECTED THEREBY ARE ERROR-FREE OR THAT OPERATION OF THE PRODUCTS OR JANOLIFE SOFTWARE WILL BE SECURE OR UNINTERRUPTED.

8.3.4 CERTAIN PRODUCTS ARE DESIGNED TO BE WORN DIRECTLY ON THE SKIN AND ARE MADE FROM MATERIALS COMMONLY USED IN CONSUMER WEARABLE DEVICES. HOWEVER, PROLONGED OR REPEATED SKIN CONTACT MAY CAUSE IRRITATION, ALLERGIC REACTION, DERMATOLOGICAL OR OTHER ISSUES IN CERTAIN INDIVIDUALS. IF YOU HAVE A HISTORY OF SKIN SENSITIVITY, ALLERGIES, ECZEMA, OR OTHER CONDITIONS, YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING THE PRODUCTS. JANOLIFE IS NOT RESPONSIBLE FOR ADVERSE REACTIONS RESULTING FROM MISUSE, FAILURE TO FOLLOW CARE INSTRUCTIONS, OR PREEXISTING CONDITIONS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS.

8.3.5 THE PRODUCTS DO NOT, AND ARE NOT INTENDED TO, DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY DISEASE OR MEDICAL CONDITION; NOR ARE THE PRODUCTS INTENDED TO DIAGNOSE, MONITOR, TREAT, CURE, MITIGATE, PREVENT, ALLEVIATE, OR COMPENSATE FOR ANY INJURY, DISABILITY, OR PHYSIOLOGICAL IMPAIRMENT. THE PRODUCTS DO NOT INVESTIGATE, REPLACE, OR MODIFY ANY ANATOMICAL STRUCTURE OR PHYSIOLOGICAL PROCESS, AND DO NOT ACHIEVE ITS PRIMARY INTENDED PURPOSE THROUGH PHARMACOLOGICAL, IMMUNOLOGICAL, OR METABOLIC MEANS, EVEN IF THE PRODUCTS MAY SUPPORT OR INTERACT WITH SUCH PROCESSES INDIRECTLY. YOU SHOULD NOT RELY ON THE PRODUCTS OR ANY INFORMATION, METRICS, OR CONTENT PROVIDED BY OR THROUGH THEM FOR MEDICAL DECISION-MAKING. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL FOR QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR MEDICAL CONDITION.

8.3.6 WITHOUT LIMITING ANY OTHER TERMS IN THIS SECTION 8 OR ELSEWHERE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT JANOLIFE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. JANOLIFE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU ACCESS THROUGH THE SITE. THE INCLUSION OR MENTION OF ANY HEALTHCARE PROVIDER ON THE SITE WILL NOT BE CONSIDERED AS AN ENDORSEMENT OF SUCH HEALTHCARE PROVIDER BY JANOLIFE AND WILL NOT IN ANY WAY MEAN THAT JANOLIFE HAS CONDUCTED ANY DUE DILIGENCE OR OTHER INVESTIGATION REGARDING THE HEALTHCARE PROVIDER.

8.3.7 JANOLIFE IS NOT A HEALTHCARE PROVIDER. JANOLIFE DOES NOT VERIFY OR REVIEW ANY INFORMATION OR SERVICE THAT YOU MAY RECEIVE FROM A PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING ANY INFORMATION DISPLAYED ON THE SITE. YOUR INTERACTIONS WITH ANY PROVIDER (INCLUDING ANY CONSULTATIONS OR ANY PROVISION OF CARE OR OTHER INTERACTION OUTSIDE OF OUR SITE), INCLUDING WITH RESPECT TO DATA COLLECTED BY THE PRODUCTS, AND ANY OPINIONS, RECOMMENDATIONS, MATERIALS, OR INFORMATION MADE AVAILABLE TO YOU BY ANY PROVIDER, ARE SOLELY BETWEEN YOU AND THE PROVIDER. YOU AGREE THAT ANY PROVIDER YOU ENGAGE WITH WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ALL CLINICAL DECISIONS AND INFORMATION, AND JANOLIFE WILL NEITHER HAVE NOR EXERCISE ANY CONTROL OR DISCRETION OVER THE METHODS BY WHICH ANY PROVIDER RENDERS ANY CLINICAL SERVICE OR ADVICE. NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL, OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE, OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.

8.3.8 JANOLIFE IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU WITH HEALTH INSURANCE BENEFITS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND UNDERSTANDING ANY THIRD-PARTY PLANS OR BENEFITS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. JANOLIFE HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER OR ANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COORDINATION.

8.3.9 JANOLIFE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, INCLUDING CLAIMS OF PROFESSIONAL MALPRACTICE, BETWEEN PROVIDERS AND YOU. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE PRODUCTS (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.

9. Limitations of Liability. THE REMEDIES DESCRIBED IN SECTION 8.2 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. THE JANOLIFE ENTITIES’ (AS DEFINED BELOW) LIABILITY ARISING OUT OF THIS AGREEMENT WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNTS PAID BY YOU FOR THE PRODUCTS. IN NO EVENT WILL ANY OF THE JANOLIFE ENTITIES BE LIABLE TO YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY YOU OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS), HOWEVER ARISING, WHETHER IN CONNECTION WITH THE FURNISHING OF PRODUCTS HEREUNDER, OR THE PERFORMANCE, USE OF, OR INABILITY TO USE ANY PRODUCTS, OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH JANOLIFE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY HEREUNDER WILL NOT BE LIMITED AS PROHIBITED BY LAW, AND WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Products, and you will defend and indemnify JanoLife, its affiliates, and its and their respective shareholders, directors, managers, members, officers, employees, consultants, agents, service providers, and licensors (together, the “JanoLife Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Products or Firmware; (b) your violation of any portion of this Agreement, including any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

11. Delays in Performance. JanoLife will not be liable for any failure or delay in its performance, or for any damages suffered by you by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot, earthquake, severe weather, war, act of terror, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, disease, pandemic, epidemic, or any other cause or causes beyond our reasonable control. We reserve the right to cancel without liability any Order, the delivery of which is or may be delayed by more than thirty (30) days by reason of any such cause.

12. Dispute Resolution and Arbitration.

12.1 Generally. Except as described in Section 12.2 and 12.3, you and JanoLife agree that every dispute arising in connection with this Agreement, the Products, or communications from JanoLife will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREES THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JANOLIFE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2 Exceptions. Although the Parties are agreeing to arbitrate most disputes between the Parties, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either Party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 12 within 30 days after the Effective Date by sending a letter to Jano Life Inc., Attention: Legal Department – Arbitration Opt-Out, 2445 Augustine Dr, Ste 218 Santa Clara, CA 95054 that specifies: your full legal name, the email address associated with your purchase of the Products, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive the Opt-Out Notice, this Section 12 will be void and any action arising out of this Agreement will be resolved as set forth in Section 13.2. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.

12.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by this Agreement. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting JanoLife.

12.5 Commencing Arbitration. Before initiating arbitration, a Party must first send a written notice of the dispute to the other Party by certified U.S. Mail or by Federal Express (signature required) or, only if that other Party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). JanoLife’s address for Notice of Arbitration is: Jano Life Inc., 2445 Augustine Dr, Ste 218 Santa Clara, CA 95054. The Notice of Arbitration must: (a) identify the name of the Party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The Parties will make good faith efforts to resolve the claim directly, but if the Parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or JanoLife may commence an arbitration proceeding. The payment of all fees will be governed by the JAMS Rules.

12.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless the Parties agree otherwise or, if the claim is for $10,000 USD or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or JanoLife must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

12.7 Arbitration Relief. Except as provided in Section 12.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by JanoLife before an arbitrator was selected, JanoLife will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $10,000 USD. The arbitrator’s award will be final and binding on all Parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a Party, in which case that Party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

12.8 No Class Actions. YOU AND JANOLIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR JANOLIFE’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.9 Modifications to this Arbitration Provision. If JanoLife makes any substantive change to this arbitration provision, you may reject the change by sending JanoLife written notice within 30 days of the change to JanoLife’s address for Notice of Arbitration, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.10 Enforceability. If Section 12.8 or the entirety of this Section 12 is found to be unenforceable, or if JanoLife receives an Opt-Out Notice from you, then the entirety of this Section 12 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 13.2 will govern any action arising out of or related to this Agreement.

13. Miscellaneous.

13.1 Assignment. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement and all rights granted under this Agreement at any time without notice or consent. This Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns.

13.2 Governing Law, Jurisdiction and Venue. This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts having jurisdiction over Santa Clara County, California and both Parties submit to the personal jurisdiction of those courts.

13.3 Privacy. Please read the JanoLife Privacy Policy available at: https://petal.today/policies/privacy-policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is hereby incorporated by this reference into, and made a part of, this Agreement.

13.4 Notices. Any notice required or permitted to be given in accordance with this Agreement will be effective if it is in writing and sent by (a) certified or registered mail, or insured courier, return receipt requested, to the appropriate Party at the mailing address set forth in the Order and with the appropriate postage affixed, or (b) email to (i) for JanoLife, legal@jano.life, and (ii) for you, the email address associated with your Order. Either Party may change its address for receipt of notice by notice to the other Party in accordance with this Section 13.4. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier or via email.

13.5 Entire Agreement. This Agreement is the Parties’ entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and “including” and similar terms are to be construed without limitation. An Order may be executed in counterparts (including electronic copies and PDFs), each of which is deemed an original and which together form one and the same agreement.

13.6 Amendments. Any amendments, modifications, or supplements to this Agreement with respect to a completed Order must be in writing and signed by each Party’s authorized representatives or, as appropriate, agreed through electronic means provided by JanoLife. We reserve the right to change these Terms on a going-forward basis at any time, noting the date of the last such amendment above. Orders placed after the date of any such amendment will be governed by the updated Terms.

13.7 Waivers and Severability. Waivers must be signed by the waiving Party’s authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal, or unenforceable, such invalidity will not affect the remainder of this Agreement, and the invalid, illegal, or unenforceable provision will be replaced by a valid provision that has as near as possible an effect to that of the invalid, illegal, or unenforceable provision as is reasonably practicable without such replacement provision risking similar invalidity, illegality, or unenforceability.

13.8 Subcontractors. JanoLife may use subcontractors and permit them to exercise JanoLife’s rights and perform its obligations hereunder, but JanoLife remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.

13.9 Independent Contractors. The Parties are independent contractors, not agents, partners, or joint venturers.

13.10 Export Control. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Products for your own personal or household use only, and not for resale or export. Products may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

13.11 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Products or to receive further information regarding use of the Products.

13.12 Conflicts in Interpretation. If there are inconsistencies or conflicts between the terms of any Order and these Terms, these Terms will control to the extent of the conflict, unless the Parties expressly in such Order to amend a particular provision of these Terms with respect to such Order, in which case the Order will control solely with respect to such conflict.