Terms of Service

This Agreement ("Terms") represents a legally binding, contractual agreement between you ("you", "User") and Myant Medical Corp, its subsidiaries, affiliates, divisions (collectively "Myant", "us", "our" or "we") regarding your use of the Myant Health websites at www.myant.ca, www.myanthealth.com and www.myanthealth.eu and mvcp.myanthealth.eu ("Website"), Myant Health mobile applications such as Myant SKIIN™ Connected Heartbeat ("App"), Myant SKIIN™ devices ("Devices"), and related services (collectively, the "Service").

By using the Website, App, or Service, you are:

• Representing that you have reached the legal age of majority in your jurisdiction of residence;
• Indicating your acceptance of, and agreement to be legally bound by, all terms and conditions of these Terms;
• Agreeing to comply with all applicable laws and regulations as they may change from time to time.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE, APP, OR SERVICE.

We suggest you print a copy of these Terms for your records.

Without limiting the generality of the terms and conditions of these Terms, your use of the Website, App, or Service is also subject to the terms of the Myant Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review the Privacy Policy. When you choose to use the Service, you are agreeing to the collection, use and disclosure of the information you share with Myant and its affiliates, as explained in these Terms and the Privacy Policy.

Subject to applicable law, Myant reserves the right, in its sole and absolute discretion, to modify all or any portion of these Terms at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect and will indicate at the top of this page the date these Terms were last revised.

In addition, if you have registered for an Account (defined below), we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.

To the fullest extent permitted by applicable law, your continued access to and/or use of the Website, App, or Service after the date specified in such notice constitutes your full acceptance of, and Agreement to be legally bound by, the Terms of this Agreement, as revised.

When you make a purchase through the Website or App, you must either register for a Myant account (an "Account") or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order.

When you make a purchase with us through the Website or App, you agree:

• That you will provide complete and accurate information about yourself;
• If you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete.

You are solely responsible for the accuracy of all information that you provide to Myant, regardless of whether you register for an Account or purchase as a guest. If you have registered for an Account, it is your sole and absolute responsibility to keep the username, password and other information confidential and secure. In the event that your username, password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify Myant at security@myant.ca.

We reserve the right at any time to disable or terminate your Account, any username, password, or other identifier, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

5.1 Permitted Use

You may use the Service for personal, non-commercial purposes in accordance with these Terms and applicable laws.

5.2 Prohibited Activities

You may not:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Reverse engineer, decompile, or attempt to extract source code;
• Share your Account credentials with others;
• Upload malicious code, viruses, worms, trojan horses, or other technologically harmful material;
• Use the Service in any way that could harm Myant or other users;
• Attempt to circumvent or violate the security of the Service;
• Use any robot, spider, or other automatic device to access the Service;
• Attack the Service via denial-of-service attacks, flooding, or crashing;
• Impersonate Myant, its employees, or other users;
• Transmit spam, junk mail, chain letters, or unsolicited promotional materials;
• Upload, post, or transmit any content that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, or discriminatory;
• Provide false, inaccurate, or misleading information;
• Violate the privacy rights or other rights of third parties;
• Encourage conduct that restricts others' use of the Service.

5.3 User Submissions

If you submit any content, data, information, or materials to the Service ("User Submissions"), you represent and warrant that: you own or have necessary rights to such content; your submissions comply with these Terms and applicable laws; and your submissions do not infringe any third-party rights.

5.4 Medical Disclaimer

The Service is for informational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. Always consult with healthcare professionals for medical advice.

THE SERVICE IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS.

6.1 Eligibility and Shipping

You may only make purchases through the Website or App if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address in Canada, USA, European Union, and Switzerland (as determined by Myant in its sole and absolute discretion). We reserve the right to cancel your purchase transaction ("Order") if we cannot ship to your address.

6.2 Pricing and Payment

Unless otherwise indicated, all dollar amounts on the Website or App are in Canadian Dollars for Canadian customers, US Dollars for US customers, Euros for European Union customers, and Swiss Francs for Swiss customers. All Orders are subject to the terms and conditions of this Agreement.

You have a legal obligation to pay for any Orders indicated to be made by you. Payments are processed by a third-party service provider and Myant does not collect your financial information. If complete payment for your Order is not received and verified by us, your Order will not be processed.

6.3 Order Processing

Merchandise is only held for you once you have completed your Order. Adding an item to your shopping cart does not reserve it for you or guarantee that you will be able to purchase it at a later date. Myant reserves the right to change the prices offered on the Website or App at any time.

7.1 SKIIN™ Screening Service Overview

SKIIN™ Screening ("SKIIN™ Screening") is Myant Europe AG's specialized healthcare service that provides at-home cardiac assessments, including 14-day Holter monitoring, AI-driven analysis, and cardiologist review. SKIIN™ Screening is currently available only in Switzerland with expansion to other regions planned soon. SKIIN™ Screening operates separately from the general Myant consumer products and is subject to additional healthcare regulations.

SKIIN™ Screening services are intended for adults seeking cardiac assessment and may include telehealth consultations, at-home monitoring devices, and healthcare provider referrals. Services may require a healthcare provider referral or consultation, and pricing varies by region and coverage. Current Service details, pricing, and availability are available at SKIIN Screening.

SKIIN™ Screening IS NOT INTENDED FOR EMERGENCY MEDICAL SITUATIONS.

7.2 Medical Disclaimers and Limitations

SKIIN™ Screening provides medical assessments but does not replace in-person medical consultations. Results are for informational purposes and clinical decision support. Final diagnosis and treatment decisions remain with your healthcare provider and SKIIN™ Screening is not a substitute for emergency medical care.

7.3 Data and Privacy for SKIIN™ Screening

SKIIN™ Screening processes health data under enhanced medical privacy protections. Data is shared with certified healthcare professionals as part of the Service and additional consent may be required for healthcare provider communication. Medical data retention follows healthcare industry standards and regulations and complies with all applicable data protection regulations (see also Privacy Policy).

7.4 Service Modifications

Myant reserves the right to modify SKIIN™ Screening services, pricing, or availability with appropriate notice to users and healthcare providers.

SKIIN™ Screening is a digital health service that includes medical device shipment, data collection, analysis, and clinical review. Because of the nature of the Service, returns are not applicable once the process has started.

You may request to cancel your order before the SKIIN™ Pod and Garment have been shipped to you. In this case, you will receive a full refund.

Once the shipment has been dispatched or the Service has commenced (e.g., device activation, data transmission, or analysis initiated), no refunds or cancellations are possible.

If you experience any issues with the Service, please contact our support team at support.europe@myant.ca.

The estimated delivery time will be specified in your Order; however, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control.

If you do not receive your Order within three (3) days of the estimated delivery time, please let us know by emailing support.europe@myant.ca. Please note that multiple Orders may not always be shipped together.

10.1 Ownership

The Website, App, and Service consist of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the "Content") that have been provided by Myant and/or other individuals or entities. All such Content is owned by Myant and/or the applicable third party. The Website, App, Service and each component thereof are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws.

10.2 Limited License

Subject to the terms and conditions in this Agreement, Myant hereby grants you a limited, non-sublicensable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Content for your own personal and non-commercial use (provided all original copyright, trademark and other notices are preserved in their original form). Your limited license is automatically revoked upon termination or expiration of this Agreement.

10.3 Restrictions

You agree that you shall not: use, copy, modify, download or transfer the Website, App, Service or any component thereof except as expressly provided; reverse engineer, disassemble, decompile, or translate the Website, App, or Service; attempt to derive the source code or create any derivative work; rent, lease, loan, resell, or otherwise distribute the Service; remove or alter any proprietary notice or legend; or use the Service except in accordance with the terms of this Agreement and all applicable laws.

10.4 Grant of License for User Submissions

If the Service contains features that allow you to submit content, you grant Myant and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material for any purpose related to providing and improving the Service.

11.1 Third-Party Services

The Service may integrate with third-party applications and services. Your use of such services is governed by their respective terms and privacy policies.

11.2 No Endorsement

Integration does not constitute endorsement of third-party services.

11.3 Third-Party Links

For your convenience, the Service may provide links to third-party websites. We make no representations about such websites and have no control over their contents. If you choose to access any such sites, you do so at your own risk. We accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

11.4 Linking to Our Service

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

12.1 Our Rights

Myant has the right, without provision of notice, to: remove or refuse to post any User Submissions for any or no reason in our sole discretion; take actions with respect to any User Submission deemed necessary or appropriate; take appropriate legal action, including referral to law enforcement or regulatory authorities; terminate or suspend your access to all or part of the Service for any violation of these Terms; and fully cooperate with any law enforcement authorities or court order requesting disclosure of information.

12.2 No Obligation to Monitor

We have no obligation to monitor the Service or its use and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

12.3 Waiver of Claims

YOU WAIVE AND HOLD HARMLESS MYANT AND ITS AFFILIATES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY MYANT RELATING TO ANY INVESTIGATIONS BY EITHER MYANT OR BY LAW ENFORCEMENT AUTHORITIES.

13.1 General Information

The content on our Service is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action based on the content in our Service.

13.2 No Warranties

Although we make reasonable efforts to update the information in our Service, we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up to date.

13.3 Third-Party Content

The Service may include content provided by third parties. All statements and opinions expressed in such third-party content are solely the opinions and responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Myant.

13.4 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access.

13.5 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER MYANT NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICE OR ITS CONTENTS.

14.1 Limited Product Warranty

Our Myant product is warranted by Myant to be free of defects in materials, workmanship or technology under normal use, for a period of one (1) year from the date of purchase for the Pod and Charger. The Myant product is warranted to be free of defects for a period of thirty (30) days from the date of purchase for garments.

This limited warranty excludes any damages resulting from improper care or handling, accidents, modifications, unauthorized repairs, normal wear or other causes which are not defects in materials, workmanship or technology.

If your product is defective, please contact Myant at support.europe@myant.ca for a replacement or full refund, as may be selected by Myant. To the extent permitted by the applicable law, this limited warranty is in place of all other express and implied warranties of any kind.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MYANT OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, pain and suffering, emotional distress;
• Loss of revenue, profits, business, or anticipated savings;
• Loss of use, goodwill, or data;
• Any damages caused by denial-of-service attacks, viruses, or other technologically harmful material.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYANT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT YOU PAID TO MYANT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Myant, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms;
• Your use of the Service;
• Your User Submissions;
• Any use of the Service's content, services, and products other than as expressly authorized in these Terms;
• Your violation of any third-party rights.

Myant is based in Ontario, Canada. Myant Europe AG is based in Switzerland. We provide this Service for use primarily by persons located in Canada, the United States, the European Union and Switzerland. The Service is not intended for use in any jurisdiction where its use is not permitted. If you access the Service from outside these regions, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

18.1 Termination by You

You may terminate your Account at any time through Account settings or by contacting us at support.europe@myant.ca.

18.2 Termination by Us

We may suspend or terminate your access for violation of these Terms or for any other reason with reasonable notice. We may also terminate immediately without notice if required by law or to prevent harm to Myant or other users.

18.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately, but certain provisions of these Terms shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification.

19.1 Governing Law

These Terms and your use of the Service will be governed by and construed in accordance with the laws of Zurich, Switzerland and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule, and notwithstanding your domicile, residence, or physical location.

19.2 Jurisdiction

Any action or proceeding arising out of or relating to these Terms will be instituted in the courts of Zurich, Switzerland and each party irrevocably submits to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the sole and entire agreement between you and Myant regarding the Service and supersede all prior agreements, representations, and warranties.

20.2 Severability

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.

20.3 No Waiver

No failure to exercise or delay in exercising any right, remedy, power, or privilege arising from these Terms operates as a waiver thereof, and no single or partial exercise of any right precludes any other or further exercise thereof.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

20.5 Force Majeure

We will not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including fires, floods, earthquakes, storms, epidemics, equipment failures, computer system failures, strikes, wars, acts of government authorities, or supply chain disruptions.

20.6 Language

To the extent Myant translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with Myant, and any inconsistencies among the different versions will be resolved in favour of the English version.

These Services are operated by Myant Medical Corp and distributed by Myant Europe AG.

• Copyright Infringement Claims: All notices of copyright infringement claims should be sent to our designated copyright agent at notes@myant.ca in accordance with applicable copyright laws.
• Misuse Reporting: Should you become aware of misuse of the Service, including libellous or defamatory conduct, you must report it to us at abuse@myant.ca.
• General Inquiries: For questions about these Terms, contact us here.