Terms of Use and Sale

1.1 These general terms of use and sale (the "Terms") constitute a contract between you ("you", the "User") and Profyle, a business established at 3105, place Louis-R.-Renaud, suite 102, Laval, Québec H7V 4B3, Canada ("Profyle", "we"). You may contact us at z.aber@profyle.life.

1.2 They govern access to and use of the website profyleimmune.com and the Profyle mobile application (together, the "Platform"), as well as the purchase and use of the at-home collection kit, the analysis service, and the reports and recommendations that result from it (together, the "Services").

1.3 The Terms are accepted by checking the box provided for that purpose when creating an account or placing an order. If you do not accept the Terms, you must not use the Services.

1.4 The Services are offered in Canada only. The French version of the Terms prevails. An English version is provided for convenience in accordance with your express choice.

2.1 The Services are reserved for individuals who are 18 years of age or older, legally capable of entering into a contract, and residing in Canada. The Services are not intended for minors, and no sample may be collected from anyone other than the account holder.

2.2 You agree to provide accurate, complete, and up-to-date information when creating your account and to keep it that way. Only one account per person is permitted.

2.3 You are responsible for the confidentiality of your login credentials and for any activity carried out through your account. You must notify us without delay at z.aber@profyle.life of any unauthorized use of your account.

2.4 We may refuse to open an account or process an order for any legitimate reason, including false or incomplete information, suspected fraud, or failure to comply with these Terms.

THIS SECTION IS ESSENTIAL. PLEASE READ IT CAREFULLY.

3.1 The Services provide information about your immune system's response for purposes of wellness, general prevention, and education. The Services, including the immune index, reports, longitudinal tracking, and recommendations, do not constitute a medical service, diagnosis, prognosis, treatment, or medical advice, and are not intended to detect, diagnose, prevent, or treat any disease.

3.2 The Services do not replace consultation with a physician, pharmacist, or any other healthcare professional. You must never start, change, interrupt, or stop a treatment, medication, or medical follow-up based on the results or recommendations provided by the Services without first consulting a healthcare professional.

3.3 Results are provided for informational purposes only. No result, of any kind, indicates the absence or presence of a disease. If you experience symptoms, are concerned about your health, or in the event of an emergency, consult a healthcare professional immediately or call 811 (Info-Santé) or 911.

3.4 Recommendations generated by the Platform, including those produced using artificial intelligence systems, are informational in nature and do not create any professional-patient relationship between you and Profyle, its founders, employees, or scientific advisors.

3.5 You acknowledge that the science of immunology is evolving and that the interpretation of biomarkers has inherent limitations, including biological, analytical, and pre-analytical variability. No guarantee is given as to the completeness or applicability of the results.

4.1 Depending on the plan selected, the Services include: (a) the provision of an at-home capillary blood collection kit (the "Kit"); (b) analysis of the sample by a qualified partner laboratory; (c) the delivery of results in the app in the form of an immune index, reports, and longitudinal tracking; and (d) personalized recommendations.

4.2 Orders are placed online. The contract is formed when we confirm the order by email after receipt of payment. Prices are displayed in Canadian dollars, plus applicable taxes, and shipping fees are shown before payment.

4.3 Payment is processed by our provider, Stripe. Profyle does not store your full card number.

4.4 If the selected plan includes a subscription, its duration, billing frequency, price, and renewal terms are shown before purchase. You may cancel the renewal at any time from your account or by writing to us, with cancellation taking effect at the end of the period already paid for. Any automatic renewal is carried out in accordance with the requirements of the Consumer Protection Act and is subject to written notice where required.

4.5 As the Services are in their launch phase, certain features may be offered on an early-access ("beta") basis and are identified as such. They may evolve, be modified, or be withdrawn.

5.1 You agree to fully follow the instructions provided with the Kit, including with respect to hygiene, the required blood volume, sample identification, and shipping deadlines and conditions.

5.2 You represent that the submitted sample comes from you, was collected from you alone, and has not been altered, contaminated, or substituted.

5.3 A sample that is non-compliant, insufficient, improperly identified, altered in transit, or received late may make analysis impossible. In that case, we will inform you and will offer, as applicable, a replacement kit at the price indicated at that time, or, if the non-compliance results from a defect in the Kit itself, a replacement kit at no charge.

5.4 By submitting a sample, you consent to its handling, analysis, and secure destruction by our partner laboratory once the analysis is complete, in accordance with our Privacy Policy and applicable standards. The sample is not sold or used for any other purpose without your express consent.

5.5 Delivery times for the Kit and turnaround times for results are provided for guidance only. They depend, among other things, on postal services and laboratory capacity and do not constitute a firm commitment.

6.1 For hygiene and safety reasons, a shipped Kit cannot be returned once its seal has been broken. An unopened Kit, in its original, intact packaging, may be returned within 30 days of receipt for a refund of the price paid, with return shipping costs at your expense.

6.2 No refund is owed once the sample has been received by the laboratory and analysis has begun, except in the event of a failure attributable to us.

6.3 This section applies subject to the mandatory rights granted to you under the Consumer Protection Act, in particular with respect to distance contracts, which prevail in the event of any inconsistency.

7.1 You agree to use the Services in a lawful, personal manner consistent with these Terms. In particular, you may not:

• use the Services for medical, diagnostic, professional, or commercial purposes;

• submit a third party's sample or allow a third party to use your account;

• resell, rent, or redistribute the Kit or the Services;

• copy, decompile, disassemble, reverse-engineer, or attempt to extract the source code, algorithms, analysis methodologies, or models of the Platform;

• use a bot, data scraper, or any automated means to access the Platform;

• interfere with the operation of the Platform, circumvent its security measures, or introduce malicious code into it;

• post or transmit unlawful or defamatory content, or content that infringes the rights of others;

• use the Services to develop a competing product or service.

7.2 You are responsible for any damage caused to Profyle or to third parties resulting from use of the Services in violation of these Terms or the law.

8.1 The Platform, the Services, the Kit, the analysis methodologies, algorithms, indices and scores, databases, trademarks, logos, text, graphics, and all other elements comprising them are the exclusive property of Profyle or its licensors and are protected by applicable intellectual property and trade secret laws.

8.2 Subject to your compliance with these Terms, Profyle grants you a personal, limited, non-exclusive, non-transferable, and revocable licence to use the Platform solely for your personal use of the Services. No other rights are granted to you.

8.3 Your individual results belong to you. You grant Profyle the right to process them in order to provide you with the Services and, in de-identified and aggregated form in accordance with the Privacy Policy, to improve the Services and conduct research and statistical work. No identifiable data is sold.

8.4 Any suggestion, idea, or feedback you send us may be used by Profyle without obligation or compensation.

9.1 The collection, use, disclosure, and retention of your personal information, including your health information and your biological sample, are governed by our Privacy Policy, which forms an integral part of these Terms and is available on the Platform.

9.2 Profyle complies with Quebec's Act respecting the protection of personal information in the private sector, as amended by Law 25. A Privacy Officer has been designated and can be reached at z.aber@profyle.life.

10.1 We make reasonable efforts to ensure the Platform is accessible, without however guaranteeing continuous, uninterrupted, or error-free access. Interruptions may occur, in particular for maintenance, updates, or due to factors beyond our control.

10.2 We may evolve the Services, including their features, presentation, and analysis parameters, to reflect the state of the science, regulatory requirements, or ongoing product improvement. If a change substantially reduces a service already paid for, Section 6 and your legal rights apply.

11.1 Nothing in these Terms excludes or restricts the legal warranties provided under the Consumer Protection Act and the Civil Code of Québec, including the warranty of quality and the warranty that goods are fit for their normal intended purpose, nor any other right you cannot waive under a law of public order.

11.2 Subject to the foregoing, the Services are provided "as is" and "as available", without any other express or implied warranty, including as to the achievement of any particular health outcome.

12.1 To the maximum extent permitted by applicable law, and subject to Section 12.4:

• Profyle's total liability to you, regardless of the cause of action, is limited to the amount you paid to Profyle for the Service giving rise to the claim during the 12 months preceding the event giving rise to the claim;

• Profyle is not liable for indirect, incidental, consequential, punitive, or exemplary damages, or for loss of profits, revenue, data, or business opportunities;

• Profyle is not liable for decisions you make, including in respect of health, nutrition, training, supplementation, or treatment, based on the results or recommendations provided, with Section 3 applying in full;

• Profyle is not liable for delays, losses, or damage attributable to carriers and postal services, or for failures of third-party networks, devices, or services.

12.2 You acknowledge that the prices of the Services reflect the allocation of risk agreed to in this section and that they would be higher without this allocation.

12.3 No claim arising from the Services may be brought more than three years after you became aware of the event giving rise to it, subject to any mandatory time limits prescribed by law.

12.4 Nothing in these Terms limits or excludes Profyle's liability for intentional or gross fault, for bodily or moral injury resulting from its fault, or in any other case where such a limitation is prohibited by a law of public order, including Section 10 of the Consumer Protection Act. If you are a consumer within the meaning of that Act, the limitations in this section apply only to the extent permitted by it.

To the extent permitted by applicable law, you agree to indemnify Profyle, its officers, employees, and partners against any third-party claim, damage, loss, or reasonable expense, including legal fees, arising from your breach of these Terms, your unlawful use of the Services, or the submission of a sample in violation of Section 5. This section does not apply to a consumer to the extent prohibited by law.

14.1 You may stop using the Services and request that your account be closed at any time, without prejudice to any amounts already owed and to Section 6.

14.2 We may suspend or terminate your access to the Services, following written notice except in cases of urgency or legal requirement, in the event of a substantial breach of these Terms, fraud, a breach of the Platform's security, or a requirement from a competent authority. In the event of termination not attributable to you, amounts paid for Services not provided will be refunded on a pro-rata basis.

14.3 Sections 3, 7.2, 8, 9, 11, 12, 13, 16, and 17 survive the termination of these Terms.

We may amend these Terms. For any ongoing contract, including a subscription, any amendment will be notified to you in writing at least 30 days before it takes effect, indicating the provision being amended, in accordance with the Consumer Protection Act. If the amendment increases your obligations or reduces our obligations, you may terminate the contract at no charge before it takes effect. Continued use of the Services after the amendment takes effect constitutes acceptance for the future.

16.1 If any provision of these Terms is found to be invalid or unenforceable, it will be deemed amended to the minimum extent necessary to make it valid, and the remaining provisions will remain in effect.

16.2 Profyle's failure to exercise a right does not constitute a waiver of that right.

16.3 You may not assign these Terms without our written consent. Profyle may assign them in connection with a reorganization, merger, or sale of the business, subject to your rights.

16.4 These Terms, the order confirmation, and the Privacy Policy constitute the entire agreement between you and Profyle regarding the Services.

16.5 Nothing in these Terms deprives you of any right conferred by a law of public order, including the Consumer Protection Act, and such rights prevail in the event of any inconsistency.

17.1 These Terms are governed by the laws applicable in the Province of Québec and the laws of Canada applicable therein.

17.2 Any dispute relating to these Terms or the Services falls under the exclusive jurisdiction of the courts of Québec, in the judicial district of your residence if you are a consumer, and otherwise in the judicial district of Laval.

17.3 Nothing in these Terms prevents you from applying to the Small Claims Division, the Office de la protection du consommateur, or Quebec's Commission d'accès à l'information.

Profyle Immune

3105, place Louis-R.-Renaud, suite 102

Laval, Québec H7V 4B3, Canada

Email: z.aber@profyle.life

Privacy Officer: z.aber@profyle.life