Last Updated: 10.29.25

Welcome, and thank you for your interest in Olfactive Biosolutions, Inc.’s Pivit products and services (“Pivit,” “we,” “our,” or “us”). These Terms (defined below), sets forth the terms and conditions on which you may purchase Pivit products and services from us (each, a “Product”) that is expressly identified in an “Order” during the ordering of Products and checkout process on or through our website at https://getpivit.com/, including subdomains of that website (collectively, the “Site”).

YOUR PURCHASE OF PRODUCT IS CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PIVIT’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). 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 THE FOLLOWING TERMS CAREFULLY

BINDING AGREEMENT. BY CHECKING THE BOX AND CLICKING THE “I AGREE” OR SIMILAR BUTTON INDICATING YOUR ACCEPTANCE, OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS, OR PLACING AN ORDER FOR A PRODUCT THROUGH OUR SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. THESE TERMS ARE EFFECTIVE AS OF THE DATE OF YOUR PURCHASE OF PRODUCT OR CREATION OF YOUR ACCOUNT, AS APPLICABLE (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO PURCHASE PRODUCT OR CREATE AN ACCOUNT.

DISCLAIMER. STATEMENTS REGARDING ANY PIVIT PRODUCT OR PROVIDED THROUGH THE SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. CONSULT WITH A PHYSICIAN BEFORE USE, INCLUDING ANY POTENTIAL INTERACTION BETWEEN THE PIVIT PRODUCTS AND ANY MEDICATIONS AND/OR SUPPLEMENTS YOU ARE CURRENTLY TAKING.

IT IS YOUR RESPONSIBILITY TO READ ALL INFORMATION PROVIDED BY PIVIT IN CONNECTION WITH ANY PRODUCT AND ON ANY PRODUCT LABEL OR PACKAGING BEFORE USING SUCH PRODUCT. INDIVIDUAL RESULTS MAY VARY. EACH PERSON IS DIFFERENT AND THE WAY ONE PERSON REACTS TO A PRODUCT MAY BE SIGNIFICANTLY DIFFERENT THAN THE WAY ANOTHER PERSON REACTS.

PERSONAL RESPONSIBILITY; NO MEDICAL ADVICE. YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION PROVIDED THROUGH THIS SITE OR BY PIVIT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED OR CONSTRUED AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SERVICE. YOU SHOULD NOT ALTER YOUR EXISTING MEDICATION, SUPPLEMENTS, DIETARY OR OTHER HEALTHCARE REGIMEN BASED ON ANY INFORMATION PROVIDED THROUGH THE SITE WITHOUT CONSULTING WITH A HEALTHCARE PROVIDER. YOUR USE OF THE SITE OR ANY PIVIT PRODUCT DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP.

YOU UNDERSTAND THAT THE PURCHASE AND USE OF ANY PRODUCT IS ENTIRELY AT YOUR OWN RISK. PIVIT DOES NOT PROVIDE MEDICAL ADVICE, AND YOU AGREE THAT YOU ARE NOT RELYING ON ANY STATEMENTS MADE BY PIVIT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU CONFIRM THAT YOU WILL CONSULT WITH A LICENSED HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW HEALTH OR SUPPLEMENT PROGRAM.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU ARE PROCEEDING WITH THE PURCHASE AND USE OF THE PRODUCTS BASED ON YOUR OWN JUDGMENT AND THE ADVICE OF YOUR PERSONAL PHYSICIAN, AND YOU FULLY ASSUME ALL RESPONSIBILITY FOR ANY POTENTIAL OUTCOMES OR RISKS.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 11 (DISPUTE RESOLUTION AND ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND PIVIT 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. We must accept all Orders before we are required to sell the Products to you. You must be at least 18 years old to place an Order. To be eligible to purchase Products from us, you must be a legal resident of the United States of America. 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 Pivit 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 agreed by Pivit by visiting https://getpivit.com/ or emailing us at pivot@getpivit.com.
2. Accounts and Registration. To purchase Products and receive subscription pricing, you must register for an account. When you register, you will need to provide us with some personal information, such as your name, email address, and other contact details. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. During registration, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, please notify us immediately at pivot@getpivit.com.
3. Prices and Payment Terms.
   3.1. 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. 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.
   3.2. Third-Party Payment Processor. We utilize third-party “Payment Processors” (e.g., Shopify or Stripe) to facilitate the purchase of your Product. By placing and Order for a Product or making payment for such Order, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor will collect and process specific information from you, including your payment information, billing address, and transaction history, to facilitate payments and prevent fraud.
   3.3. Your Responsibilities and Agreement. As a condition of Pivit enabling payment processing, you represent and warrant to Pivit that any information about your payment instruments and bank accounts is true and that you are authorized to use the specified instrument or account. You also authorize Pivit to share your payment and transaction information with the Payment Processor. Furthermore, you authorize the Payment Processor to store and automatically continue billing your specified payment method, even after its expiration, to prevent interruptions in payment for your Order, without the need for further approval.
   3.4. Limitation of Liability and Disputes. We are not responsible for any changes made by the Payment Processor that may affect your Order, nor for any security breaches or unauthorized access to your information that may occur on their systems. We reserve the right to change our Payment Processor at any time. Upon any such change, this paragraph will automatically apply to the new Payment Processor. To the fullest extent permitted by applicable law, we shall not be liable for any errors, omissions, or security breaches related to the Payment Processor’s services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms and conditions. Please contact the applicable Payment Processor for more information.
   3.5 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. If our Payment Processor is unable to process your Order for any reason, including, but not limited to, invalid, expired, or out-of-date payment information, you will be notified. Following such a payment failure, we reserve the right to immediately suspend or terminate your Order, your access to your account, and any related services, including cancellation of your Subscription Service.
4. Subscription Service. We may offer you the ability to purchase Products at a lower price through our “Subscription Service.” This service features automatically recurring payments and periodic shipment of the Product to you. Your account will be automatically charged for the Product on the Subscription Billing Date and subsequently on each Subscription Period renewal date for all applicable fees and taxes. The “Subscription Billing Date” is the date you purchase your initial subscription. Your Subscription Service begins on the Subscription Billing Date and continues for the subscription period you select (the “Initial Subscription Period”). The Order will automatically renew for successive periods of the same duration (each, a “Subscription Period”) unless you cancel it, or we terminate it. By activating this Subscription Service, you authorize Pivit or its Payment Processor to periodically charge the accrued amounts on or before the payment due date. To avoid being charged for the next Subscription Period, you must cancel your Subscription Service at least business days before it renews. You may cancel the Subscription Service by: contacting us at: pivot@getpivit.com.
   TO PREVENT CHARGES FOR THE NEXT SUBSCRIPTION PERIOD, YOUR CANCELLATION MUST BE RECEIVED AT LEAST TWO (2)BUSINESS DAYS BEFORE YOUR SUBSCRIPTION SERVICE RENEWS.
5. Your Obligations.
   5.1. Medical Consultation. You warrant that you have consulted or will consult with your physician before using the Products. You agree to strictly follow the label directions and acknowledge that you are solely responsible for determining the suitability of the Products for your needs and for any results obtained.
   5.2. Prohibition on Resale. You agree and represent that you are purchasing Products for your personal, non-commercial use only, and not for resale or distribution. You are strictly prohibited from marketing, reselling, or otherwise distributing any Product purchased from Pivit, whether commercially or non-commercially, in the United States or to any parties located abroad. Pivit reserves the right, with or without notice, to refuse or cancel your Order and suspend or terminate your account if we suspect that you are purchasing Products for resale.
6. Shipments; Risk of Loss and Refunds.
   6.1. Shipment. We handle arrangements for the shipment of your Products. We only process and fulfill Orders for shipment to physical addresses located within the fifty (50) states of the United States and the District of Columbia. We do not ship to U.S. territories (such as Puerto Rico or Guam), P.O. boxes, or any international addresses. The shipping and handling charges will be specified and paid by you during the Order process. For specific delivery options and estimated delivery dates, please review your final Order details.
   6.2. Risk of Loss. The title to, and risk of loss of, all Products purchased by you passes to you upon our delivery of the Product to the common carrier (e.g., USPS, UPS, or FedEx). Pivit is not responsible for any Product that is lost or damaged during transit. Claims for lost or damaged items should be filed by you directly with the applicable shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
   6.3. Refund Satisfaction Guarantee. We stand behind the quality of our Products and offer a limited refund satisfaction guarantee. Due to the nature of our Products, we do not accept returns. However, if you are not satisfied with your initial purchase of a Product, if you are a United States resident, you may be eligible for a refund of the purchase price (minus shipping & handling), provided you meet the following conditions:
   6.3.1. Initiation Window. All refund requests must be initiated within thirty (30) days of the date of your first purchase of the specific Product.
   6.3.2 Refund Limit. The refund applies only to the cost of the Product itself and excludes all shipping and handling charges.
   6.3.3. Abuse Prevention. Pivit reserves the right to limit refunds to one opened bottle per distinct Product to prevent abuse of this satisfaction guarantee. To initiate a refund request, please contact us at Pivot@getpivit.com with your Order number.
7. Term and Termination.
   7.1. Term and Termination. These Terms 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 these Terms (including an Order) upon written notice to the other party if the non-terminating party fails to cure a material breach of these Terms (including a failure to pay fees) within 30 days after receiving notice thereof from the terminating party. If you breach Section 5 (Your Obligations) of these Terms or if we are required to do so by applicable law, we have the right to, immediately and without notice, terminate these Terms.
   7.2. Effect of Termination. Upon expiration or termination of these Terms for any reason, you will remain liable for all amounts due for the applicable Products ordered prior to termination. All rights and obligations of the parties will cease, except for those provisions that expressly survive termination, which include Sections 5 (Your Obligations), 7.2 (Effect of Termination), 8 (Disclaimers), 9 (Indemnification), 10 (Limitations of Liability), 11 (Dispute Resolution and Arbitration), and 12 (Miscellaneous). Pivit 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. Disclaimers; No Warranties.
   8.1. DO NOT USE THIS SITE OR THE PRODUCTS FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
   8.2. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS’ OPERATION, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. EXCEPT AS REQUIRED BY APPLICABLE LAW, PRODUCTS ARE SOLD “AS IS” AND “WITH ALL FAULTS,” AND YOUR USE OF THEM IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR PIVIT ENTITIES (DEFINED BELOW), OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND PIVIT. BY USING PRODUCTS, YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY RESULTING DAMAGES IS STRICTLY LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCTS.
   8.3. THE INFORMATION, STATEMENTS, AND CLAIMS MADE ABOUT PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. SPECIFICALLY, THE PRODUCTS DO NOT, AND ARE NOT INTENDED TO, DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY DISEASE OR MEDICAL CONDITION; NOR ARE THEY INTENDED TO DIAGNOSE, MONITOR, TREAT, CURE, MITIGATE, PREVENT, ALLEVIATE, OR COMPENSATE FOR ANY INJURY, DISABILITY, OR PHYSIOLOGICAL IMPAIRMENT. YOU ACKNOWLEDGE THAT PRODUCTS AND THE SITE DO NOT CONSTITUTE MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE PRODUCTS OR ANY INFORMATION, METRICS, OR CONTENT PROVIDED BY OR THROUGH THEM FOR MEDICAL DECISION-MAKING. 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. WE ADVISE YOU TO CHECK THE LABEL BEFORE USE AND TO DISCONTINUE USE AND CONSULT A HEALTHCARE PROFESSIONAL IMMEDIATELY IF YOU EXPERIENCE ANY ADVERSE REACTIONS. USE BY THOSE WHO ARE PREGNANT, NURSING, UNDER 18, OR HAVE EXISTING MEDICAL CONDITIONS IS STRONGLY DISCOURAGED WITHOUT A DOCTOR’S GUIDANCE.
   8.4. PIVIT IS NOT A HEALTHCARE PROVIDER. PIVIT DOES NOT VERIFY, REVIEW, OR MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR ACCESS TO OR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.
   8.5. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PIVIT DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PIVIT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. ANY IMPLIED WARRANTIES REQUIRED BY APPLICABLE LAW ARE LIMITED TO THE MINIMUM PERIOD 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.
9. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Products, and you will defend and indemnify Pivit, its affiliates, and its and their respective shareholders, directors, managers, members, officers, employees, consultants, agents, service providers, and licensors (together, the “Pivit 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; (b) your violation of any portion of these Terms, including any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; or (c) 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.
10. Limitations of Liability. THE PIVIT ENTITIES’ LIABILITY ARISING OUT OF THESE TERMS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNTS PAID BY YOU FOR THE PRODUCTS. IN NO EVENT WILL ANY OF THE PIVIT 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 PIVIT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY IS SUBJECT TO THE DISPUTE RESOLUTION AND ARBITRATION PROVISION OF THESE TERMS AND SHALL BE ENFORCEABLE BY THE ARBITRATOR. 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.
11. Dispute Resolution and Arbitration.
    11.1. Generally. Except as described in Section11.2 (Exceptions) and 11.3 (Opt-Out), you and Pivit agree that every dispute arising in connection with these Terms, the Products, or communications from Pivit 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 these Terms. 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 THESE TERMS, YOU AND PIVIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    11.2. Exceptions. Although the parties are agreeing to arbitrate most disputes between the parties, nothing in these Terms 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.
    11.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section11 (Dispute Resolution and Arbitration) within 30 days after the Effective Date by sending a letter to Olfactive Biosolutions Inc., Attention: Legal Department – Arbitration Opt-Out, 1030 Brittan Avenue, San Carlos, CA 94070 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 Section11 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section12.2 (Governing Law, Jurisdiction and Venue). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    11.4. 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 these Terms. 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 Pivit.
    11.5. 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”). Pivit’s address for Notice of Arbitration is: Olfactive Biosolutions, Inc., 1030 Brittan Avenue, San Carlos, CA 94070. 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 Pivit may commence an arbitration proceeding. The payment of all fees will be governed by the JAMS Rules.
    11.6. 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 Pivit 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.
    11.7. Arbitration Relief. Except as provided in Section 11.8, 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 Pivit before an arbitrator was selected, Pivit 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.
    11.8. No Class Actions. YOU AND PIVIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR PIVIT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    11.9. Modifications to this Arbitration Provision. If Pivit makes any substantive change to this arbitration provision, you may reject the change by sending Pivit written notice within 30days of the change to Pivit’s address for Notice of Arbitration, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    11.10. Enforceability. If Section11.8 or the entirety of this Section11 is found to be unenforceable, or if Pivit receives an Opt-Out Notice from you, then the entirety of this Section 11 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section12.2 will govern any action arising out of or related to these Terms.
12. Miscellaneous.
    12.1. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, and all rights granted under these Terms at any time without notice or consent. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns.
    12.2. Governing Law, Jurisdiction and Venue. These Terms are 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 these Terms 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.
    12.3. Privacy. Please read the Pivit Privacy Policy at https://getpivit.com/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, these Terms.
    12.4. Ownership. Pivit and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights related to the Products.
    12.5. Delays in Performance. Pivit 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 whose delivery is or may be delayed by more than thirty (30) days by reason of any such cause.
    12.6. 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.
    12.7. Notices. Any notice required or permitted to be given in accordance with these Terms 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 Pivit, pivot@getpivit.com, 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. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier or via email.
    12.8. Additional Terms. Your purchase of Product and use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Product or Site in connection with certain technology or services made available to you by or on behalf of Pivit (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    12.9. Entire Agreement. These Terms are the parties’ entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In these Terms, 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.
    12.10. Amendments. Any amendments, modifications, or supplements to these Terms 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 Pivit. 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.
    12.11. Waivers and Severability. Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of these Terms is held invalid, illegal, or unenforceable, such invalidity will not affect the remainder of the Terms, 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.
    12.12. Independent Contractors. You agree that nothing in these Terms or your use of the Products shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Pivit. Neither party has the authority to bind the other to any agreement or obligation, and neither party shall hold itself out as having such authority. You acknowledge that Pivit is acting solely as a seller of Products and is not providing any professional, medical, or fiduciary services.
    12.13. 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”).
    12.14. 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.
    12.15. 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.