TERMS OF SERVICE

Effective Date: March 6, 2025

Welcome to Perennial by Moss Genomics. It's time to take control of your health insights.

Perennial is a health intelligence dashboard that helps you understand your health data by providing analytics and insights from your lab results, genomic data, and wearable device information. Our mission is to empower you with a comprehensive view of your health through data-driven insights.

These Terms of Service (the "Terms") contain essential terms and conditions regarding your use of our Services and any materials, data, information, and content available through them. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at admin@mossgenomics.com with any questions or concerns before proceeding further with our Services.

IMPORTANT NOTE: THESE TERMS AND CONDITIONS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS.

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY WAIVE YOUR RIGHTS TO:

  • SEEK RELIEF IN A COURT OF LAW
  • HAVE DISPUTES DECIDED BY JUDGE OR JURY
  • PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST MOSS GENOMICS

PLEASE REVIEW SECTION 16 FOR MORE DETAILS.

1. Definitions

a. "Moss Genomics," "Perennial," the "Company," "us," "our," and "we," all refer to Moss Genomics Inc., a Canadian corporation based in Vancouver, British Columbia.

b. "You", "your", "yourself," and "User" refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services.

c. "Party" means each of you and Moss Genomics. Collectively, you and Moss Genomics are the "Parties."

d. "Affiliates" refer to an entity's executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively. An "Affiliate" refers to any one of the foregoing.

e. "Claims" refer to claims, disputes, controversies, matters, and causes of action, collectively. A "Claim" refers to any one of the foregoing.

f. "Losses" refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties and fines, collectively. A "Loss" refers to any one of the foregoing.

g. "Health Data" refers to any health-related information you upload to our Services, including but not limited to lab results, genomic data, wearable device data, and any other health metrics or information.

h. "Product(s)" refer to any and all products offered for sale and/or use in connection with our Services.

i. "Services" refer to any and all services arising out of and/or relating to Perennial by Moss Genomics. Our Services include, without limitation: (a) providing a health intelligence dashboard for the storage, visualization, and analysis of Health Data, (b) providing insights based on your Health Data, and (c) providing informational content relating to health, wellness, fitness, diet, and lifestyle. NEITHER MOSS GENOMICS NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH MOSS GENOMICS OR OUR AFFILIATES.

j. "MG Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats -- including but not limited to code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications but specifically excluding Personal Information and User Content.

k. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under applicable laws.

l. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

m. "Payment Method," refers to a valid, current, accepted means of remitting payment for Services, as permitted by Moss Genomics -- typically by submitting valid, current, accepted Payment Information.

n. "Personal Information" refers to information relating to an identifiable individual, including information relating to an individual's health background (e.g., medical history and related data, blood type, current health conditions/symptoms), Health Data, and may also include certain Payment Information.

2. Moss Genomics Does Not Provide Any Medical Services

In order to use our Services, you must acknowledge and agree to the following:

a. MOSS GENOMICS DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Moss Genomics provides through our Services is strictly for general information purposes.

b. OUR SERVICES ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Moss Genomics strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care -- including without limitation in relation to any data and/or information we provide -- and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing MG Content or Services does not create a patient relationship with any medical provider.

c. To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection with our Services at your own risk. To the fullest extent permitted by applicable law, Moss Genomics disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services, and/or any data and/or information you receive in connection with our Services.

3. Please Exercise Caution Regarding Our Services & Your Health Data

a. Moss Genomics sincerely hopes to provide you with valuable insights from your Health Data. Nonetheless, you acknowledge that your Health Data might reveal information that may be distressing. While it is natural to feel anxious about health information, you acknowledge that you should consult a qualified healthcare professional if such anxiety interferes with your daily life.

b. You acknowledge that the process of reviewing health insights is irreversible; once you review your health insights, you are committing yourself to an awareness of such information. You accordingly acknowledge that before using our Services, it is important to seek the advice of a qualified healthcare professional regarding whether, when, and to what extent you should make use of such Services given your medical history and personal circumstances.

c. While Moss Genomics strives to provide accurate insights from your Health Data, you acknowledge and accept that: (a) your Health Data may yield incomplete or inaccurate insights; and (b) Moss Genomics does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any insights delivered or accessed through our Services. You further acknowledge and agree that your Health Data may yield information that may have limited significance presently but may take on greater meaning as science evolves, knowledge increases, and/or future discoveries are made.

d. You acknowledge that Moss Genomics recommends your careful discretion in deciding what aspects of your Health Data to share, how to share them, and with whom. You further acknowledge that, to the extent you disclose your Health Data with a healthcare provider, such data and information may become part of your medical records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.

4. Only Eligible Individuals May Use Our Services

a. Eligibility. By accessing our Services, you represent that you are of sound mind and body to agree to our Terms and are in possession of the full rights and/or authorization to: (a) consent to our Terms, (b) agree to and pay for any purchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted to Moss Genomics and assume all responsibilities, liabilities, debts, and obligations herein required of you, and (d) submit any Personal Information and other data and information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be eighteen (18) years of age to make use of Moss Genomics' Services.

b. Non-Eligibility. We reserve the right to terminate your use of, and access to, our Services -- and cancel any purchase thereunder -- for any violation of our Terms or any provision of any other agreement between you and Moss Genomics. Furthermore, you may not use our Services if you are:

  • Currently restricted or prohibited from using our Services;
  • A past, present, or imminent competitor of Moss Genomics and/or closely connected to one or more of our past, present, or imminent competitors;
  • Acting on behalf of another person or entity without that person or entity's permission;
  • Under a legal obligation that restricts and/or precludes your use of our Services; and/or
  • Otherwise unwilling to fully agree to and follow all of our Terms.

5. If Eligible, You Are Granted a Limited License to Make Use of Our Services

a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services for personal, non-commercial use in accordance with these Terms. Moss Genomics reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.

  • You acknowledge and agree that this license, unto itself, does not grant you permission to use Services requiring payment without first remitting payment. You accept that, in order to receive certain Products and Services, you may be required to furnish Payment Information and remit payment, as directed by Moss Genomics.
  • You are permitted to download and/or print a reasonable volume of MG Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such a download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application.
  • You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of MG Content in RAM, insofar as such storage is incident to your access and/or use of such MG Content.

6. Further User Representations, Warranties, & Covenants

a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of our Services, or any aspect thereof (including without limitation the MG Content), without the prior express written consent of Moss Genomics and/or our applicable third party licensor and/or provider.

b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products, and you represent that you have not done any of the foregoing up to this point in time.

c. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of an insurance company seeking information about a prospective or actual customer.

d. You represent that you have not violated and covenant that you shall not violate any export control laws or other restrictions on shipping to foreign countries in the course of purchasing and/or making use of Services and/or Products.

7. You Must Be Reasonable and Fair in Accessing and Using Our Services

a. Moss Genomics' rules for access and use of our Services should be easy to follow. Nonetheless, here are a few key points to help you along the path:

  • Treat Moss Genomics, our Affiliates, affiliated service providers, and our community members kindly and respectfully.
  • All info you provide must be complete, truthful, and up-to-date.
  • Do not attempt to disrupt our tech or misappropriate our intellectual property.
  • Follow the law at all times in connection with our Services and Products.

8. Moss Genomics Holds and Reserves Numerous Rights

a. At any time, for any reason, with or without notice, in our sole discretion, Moss Genomics reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services -- and any aspects, portions, details, features, specifications, and functions thereof -- as well as adjust or modify any pricing, availability, and timeframes offered with respect to our Services.

  • You agree that Moss Genomics reserves the right to supplement, delete, or otherwise modify some or all these Terms -- or any portions thereof -- at any time, for any reason, with or without notice, in our sole discretion. In the event that Moss Genomics revises these Terms, your continued and/or subsequent access and/or use of our Services will constitute your unconditional acceptance of the revised Terms. You acknowledge and accept that you are expected to check back with the page on our Site containing our Terms, as any changes are binding on you.
  • You acknowledge and agree that Moss Genomics may refuse, suspend, terminate, ban, or otherwise restrict access to our Services to any person, including you, at any time, for any reason, with or without notice, in our sole discretion, without liability for any Losses arising therefrom and/or relating thereto. You recognize and accept that Moss Genomics may restrict access to certain aspects of our Services to persons who create an Account and/or remit payment for certain Services. You agree that your acceptance of these Terms does not, in and of itself, grant you access to those areas of Moss Genomics' Services requiring payment for access.

9. It Is Important for You to Understand How Moss Genomics Uses Your Information

a. As part of providing our Services, Moss Genomics collects and processes various types of personal information, including Health Data that you upload to our platform. We store this data securely and use it to provide you with health insights and analytics.

b. Moss Genomics may share your data with third-party service providers who help us deliver our Services. We will only share your data with these providers as necessary to provide our Services, and we require these providers to maintain the confidentiality and security of your data.

c. Moss Genomics may use de-identified and aggregated data for research, analysis, and to improve our Services. This data will not contain personally identifiable information.

d. Moss Genomics will retain your data for as long as you maintain an active account with us. If you request deletion of your account, we will delete your data in accordance with applicable laws and regulations.

e. You can request deletion of your account and data by emailing admin@mossgenomics.com.

10. Moss Genomics Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products

During the course of using our Services, Moss Genomics may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, data processing and visualization providers, and customer service specialists. Furthermore, in conjunction with our Services, Moss Genomics may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings ("Offerings"). PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.

a. NEITHER MOSS GENOMICS NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS -- OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.

b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER MOSS GENOMICS NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE.

c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MOSS GENOMICS NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, OR OTHER OFFERING.

11. In Order to Use Our Services, Moss Genomics Requires You to Make These Additional Representations and Warranties, and to Assume These Additional Obligations

a. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY OFFERINGS AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULAR NEEDS AND SUFFICIENT FOR YOUR EXPECTATIONS.

b. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTION WITH OUR SERVICES.

c. You represent that you have carefully assessed whether our Services and Products and any third-party Offerings facilitated through our Services are appropriate, viable, and safe for your use, given your particular needs and sufficient for your expectations.

12. Please Review These Terms Governing Your Purchase of Services and Products

a. You Authorize Moss Genomics to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Moss Genomics. Effective immediately, you hereby authorize Moss Genomics to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied.

b. Return & Refund Policy. Moss Genomics intends to be fair and reasonable in allowing you to cancel your purchase for Services and/or Products.

  • If you purchase a subscription to our Services, you may cancel your subscription and receive a full refund if you (1) cancel within forty-eight (48) hours of that purchase; (2) have not made use of such services and/or otherwise availed yourself of such services prior to cancellation; (3) do not make use of such services and/or otherwise avail yourself of such services subsequent to cancellation.
  • Unless otherwise noted, all sales are final after the periods specified above.
  • You agree to allow Moss Genomics up to sixty (60) days to process and issue a refund, based on the date of your refund request.

13. You Agree to Indemnify Moss Genomics, Limit Our Liability, and Refrain from Injunctive Measures

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MOSS GENOMICS NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER MOSS GENOMICS WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY FOR MOSS GENOMICS AND OUR AFFILIATES IN CONNECTION WITH MOSS GENOMICS' SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $10.00 CAD OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF MOSS GENOMICS.

14. In Order to Use Our Services, You Accept the Following Waivers and Disclaimers

CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 14. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:

a. NEITHER MOSS GENOMICS NOR OUR AFFILIATES PROVIDES ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS," "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, ACCURACY, AND VALUE). THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR HEALTH DATA, MG CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALL MATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.

15. Choice of Law and Jurisdiction

a. Choice of Law. Any Claim arising out of or relating to Moss Genomics, our Affiliates, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more of third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles, except to the extent that British Columbia law is preempted by or inconsistent with federal law.

b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 16 below, the parties agree that all disputes must be litigated in the provincial or federal courts of British Columbia, Canada. You and Moss Genomics each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

16. Binding Arbitration of Disputes on an Individual Basis

a. Claims subject to arbitration. To the fullest extent permitted by applicable law, you and Moss Genomics agree to arbitrate all Claims arising out of or relating to Moss Genomics, our Affiliates, these Terms, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products.

b. Claims not subject to arbitration. Notwithstanding the foregoing, you or Moss Genomics may bring an action in your local small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.

c. Class Action Waiver. The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND MOSS GENOMICS EACH AGREE TO BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND MOSS GENOMICS EACH AGREE NOT TO PURSUE OR RECOVER ANY DAMAGES OR OTHER RELIEF IN CONNECTION WITH ANY CLAIMS AGAINST THE OTHER IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER AGGREGATED PROCEEDING.

d. Arbitration procedures. A Party who intends to seek arbitration must first send to the other a written Notice of Dispute. A Notice of Dispute to Moss Genomics should be addressed to Moss Genomics Inc., Attn: Legal Department, 918 - 1030 West Georgia Street, Vancouver, British Columbia V6E 2Y3, Canada. A Notice of Dispute to you will be sent to the last address you provided to Moss Genomics.

e. Arbitration fees. If Moss Genomics initiates arbitration or you initiate arbitration of claims valued at $5,000 or less, Moss Genomics will pay all filing, administration, case management, hearing, and arbitrator fees, so long as you have fully complied with the Notice of Dispute requirements.

f. 30-Day period to reject arbitration. You may opt out of this Section 16 of the Terms within thirty (30) days of execution by providing written notice to Moss Genomics, Attention: Legal Dept., 918 - 1030 West Georgia Street, Vancouver, British Columbia V6E 2Y3, Canada. To be valid, an opt-out notice must (i) include your name, the email address we have on file for you, and a statement that you are rejecting the arbitration provision in the Terms; and (ii) be received by Moss Genomics within 30 days after your initial acceptance of the Terms.

g. Time Limitation on Claims. To the fullest extent permitted by applicable law, you and Moss Genomics agree that any claim, dispute, controversy, matter, or cause of action arising out of and/or relating to Moss Genomics, our Affiliates, these Terms, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, and/or one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products shall be permanently barred if it is not filed and/or submitted for arbitration within one year of when the alleging party knew or reasonably should have known of the issue or matter giving rise thereto.

17. Miscellaneous

a. Except as expressly permitted otherwise in writing by Moss Genomics, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this Section 17.a is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein contrary, Moss Genomics may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms-- and any assets relating to, arising out of, and/or concerning these Terms -- including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control.

b. You acknowledge and agree that Moss Genomics shall not hold any liability or responsibility for any Losses -- or be deemed to have defaulted or breached these Terms -- for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.

c. If any of the Terms herein -- or any portion(s) of any terms or conditions -- are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by applicable law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms-- and all other portions thereof -- shall nevertheless remain in full force and effect to the extent legally permissible.

d. Any translation of these Terms, your Health Data, and/or the MG Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms, your Health Data, and/or the MG Content and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.

e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.

f. Insofar as these Terms include any errors or ambiguities related to spelling, grammar, or syntax -- or any other clear errors or ambiguities -- these errors and ambiguities shall be construed to reflect the intent of the Parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "and" vs. "or" vs. "and/or"; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "including" -- which shall mean "including without limitation," rather than as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "Service" vs. "Services" vs. "Service(s)" - which shall not render any language inapplicable by virtue of the fact that it does or does not refer to more than one (1) Service.

g. All notices, requests, consents, claims, demands, waivers, and other communications from you to Moss Genomics in connection with these Terms (each, a "Notice") shall be in writing and addressed to Moss Genomics at the address on our website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).

h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

i. These Terms, along with any further membership agreement and/or any other consent for Services to which you have consented, collectively, constitute the entire agreement between you and Moss Genomics with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Moss Genomics, whether oral or written, arising out of and/or relating to our Services. In the event of any conflict between a term and/or condition between you and Moss Genomics, on the one hand, and a third-party term and/or condition, on the other hand, Moss Genomics' term and/or condition shall control.

18. Contact Us

If you have any questions, concerns, or feedback about these Terms or our Services, please contact us at:

Moss Genomics Inc.

Attention: Legal Department

918 - 1030 West Georgia Street

Vancouver, British Columbia V6E 2Y3, Canada

Email: admin@mossgenomics.com

Last Updated: March 6, 2025