Terms and Conditions of Use

1.Parties and Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and N3ST3D LABS, operating under the trade name Nektr DBA ("Company," "we," "us," or "our"), the developer and operator of the Align wellness application ("Align" or the "App").

Company Information:

• Company Name: N3ST3D LABS (Nektr DBA)
• Application: Align
• Website: https://align.nektr.co
• Mailing Address: 1380 255th Avenue, Osceola, Iowa 50213
• Support Email: support@nektr.co

2.Eligibility and Acceptance

2.1 Age Requirement

Align is intended solely for users who are 18 years of age or older. By accessing or using the App, you represent and warrant that you are at least 18 years old. We do not knowingly permit individuals under the age of 18 to create accounts or use the App. If we discover that a user is under 18, we will immediately terminate their account without prior notice.

2.2 Geographic Restriction

Align is offered exclusively to users located within the United States of America. By using the App, you represent that you are physically located in the United States. Access from outside the United States is not authorized and may be blocked.

2.3 Account Registration

To access certain features of Align, you must create an account. We use Web2 authentication via third-party providers (such as Google, Twitter/X, or Facebook). We do not store your passwords. We collect only your email address for account identification and communication purposes. We do not log or store your IP address.

3.Description of Service

Align is a terpene-based wellness application that provides users with personalized nutritional and lifestyle content derived from self-reported wellness assessments. The App offers:

• Tri-domain wellness assessments covering Body, Mind, and Spirit
• Ranked terpene profiles with nutritional impact percentages
• Ancestral food recipes tailored to terpene results
• Functional mocktail recommendations
• Adaptogenic mushroom pairings
• Progress tracking and assessment history (Premium)
• Downloadable PDF wellness reports (Premium)

Align offers a free tier and a Premium subscription tier. Features available under each tier are subject to change at our discretion with reasonable notice to users.

4.Medical Disclaimer and Health Information

4.1 Not Medical Advice

All content, assessments, recommendations, recipes, and information provided through Align are for general wellness and informational purposes only. Nothing in the App should be construed as professional medical advice, and nothing creates a physician-patient or healthcare provider-patient relationship between you and the Company.

4.2 Consult a Professional

You should always consult a qualified healthcare professional before making any changes to your diet, nutrition, supplementation, or wellness routine, particularly if you have a medical condition, are pregnant, nursing, taking medications, or have known allergies or dietary restrictions.

4.3 No Liability for Health Outcomes

THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY HEALTH OUTCOMES, ADVERSE REACTIONS, INJURIES, OR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, RECOMMENDATIONS, RECIPES, OR INFORMATION PROVIDED THROUGH ALIGN. YOUR USE OF THE APP AND ANY DIETARY CHANGES YOU MAKE ARE ENTIRELY AT YOUR OWN RISK.

5.Subscriptions and Payments

5.1 Subscription Plans

Align offers the following Premium subscription plans:

• Monthly Plan: $9.99 USD per month
• Yearly Plan: $60.00 USD per year

Pricing is subject to change. Any changes to pricing will be communicated to active subscribers with at least 30 days advance notice.

5.2 Payment Processing — Card Payments

Card-based payments are processed securely by Stripe, Inc., a third-party payment processor. By submitting payment information, you agree to Stripe's Terms of Service and Privacy Policy. The Company does not store, collect, or have access to your full card number, CVV, or other sensitive payment credentials. All card transactions are governed by Stripe's security protocols.

5.3 Payment Processing — Cryptocurrency Payments

Align also accepts payment in USDC (USD Coin) via the following blockchain networks: Ethereum (ERC-20), Polygon, and Solana (SPL). Cryptocurrency payments are verified on-chain using embedded payment identifiers. By making a cryptocurrency payment, you acknowledge:

• Blockchain transactions are irreversible once confirmed
• You are responsible for sending the correct amount to the correct address on the correct network
• Sending funds to an incorrect address or network may result in permanent loss
• The Company is not responsible for lost funds due to user error in cryptocurrency transactions
• Transaction confirmation times vary by network and are outside the Company's control

5.4 All Sales Final — No Refunds

ALL SUBSCRIPTION PURCHASES ARE FINAL. WE DO NOT OFFER REFUNDS, CREDITS, OR PRORATIONS FOR ANY SUBSCRIPTION FEES, WHETHER FOR MONTHLY OR YEARLY PLANS, PARTIAL PERIODS, UNUSED TIME, OR FOR ANY OTHER REASON.

By completing a purchase, you expressly acknowledge and agree to this no-refund policy. This applies to both card and cryptocurrency payments.

5.5 Cancellation

You may cancel your Premium subscription at any time through your account settings or by contacting support@nektr.co. Upon cancellation:

• Your Premium access will remain active until the end of your current paid billing period
• You will not be charged for subsequent billing periods
• No partial refunds or prorations will be issued for the remaining days in your current period
• Your account will revert to the free tier at the end of the billing period

The Company reserves the right to cancel or suspend any subscription at its sole discretion, including in cases of violation of these Terms.

6.Data Collection and Privacy

6.1 Information We Collect

Align collects the following information from users:

• Email address (for account identification and communication)
• Wellness assessment responses (self-reported, used to generate your results)
• Subscription and payment status (processed by Stripe or verified on-chain)

6.2 Information We Do Not Collect

We expressly do not collect or store the following:

• Passwords (authentication is handled by third-party OAuth providers)
• IP addresses
• Payment card numbers, CVV codes, or full payment credentials
• Location data

6.3 Third-Party Services

Align integrates with the following third-party services, each governed by their own privacy policies:

• OAuth Providers: Google, Twitter/X, Facebook (for authentication)
• Stripe, Inc. (for card payment processing)
• Public blockchain networks (for cryptocurrency payment verification)

We encourage you to review the privacy policies of these third-party services independently.

6.4 Data Retention

We retain your account data for as long as your account is active. Upon account deletion, we will delete your personal data within 30 days, subject to any legal retention obligations. Wellness assessment data may be anonymized and retained for analytical purposes.

7.Intellectual Property

All content within Align, including but not limited to text, recipes, assessments, terpene profiles, design, graphics, logos, and software, is the exclusive intellectual property of N3ST3D LABS / Nektr DBA and is protected by applicable United States copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes only. You may not:

• Copy, reproduce, republish, or distribute any App content without express written permission
• Reverse engineer, decompile, or attempt to extract the App's source code
• Use App content for commercial purposes without a written license agreement
• Scrape, crawl, or otherwise extract data from the App in an automated manner

8.Prohibited Conduct

You agree not to:

• Use the App in violation of any applicable federal, state, or local law or regulation
• Attempt to gain unauthorized access to any portion of the App or its infrastructure
• Interfere with or disrupt the integrity or performance of the App
• Submit false, misleading, or fraudulent information in assessments or payment processes
• Reuse, resell, or share another user's payment transaction to activate a subscription
• Use the App for any purpose other than your own personal wellness information
• Impersonate any person or entity or misrepresent your affiliation

9.Disclaimers of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF CONTENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL N3ST3D LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, HEALTH OUTCOMES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

11.Indemnification

You agree to indemnify, defend, and hold harmless N3ST3D LABS and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the App.

12.Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, United States of America, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any dispute arising from these Terms or your use of Align that is not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in Clarke County, Iowa.

12.3 Informal Resolution

Before initiating any formal legal action, you agree to contact us at support@nektr.co and attempt to resolve the dispute informally. We will make reasonable efforts to address your concerns within 30 days of receipt.

13.Modifications to Terms

We reserve the right to update or modify these Terms at any time. When we do, we will update the Effective Date above and, for material changes, notify registered users via email at least 14 days before the changes take effect. Your continued use of Align after the effective date of any modification constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the App and may cancel your subscription prior to the effective date of the changes.

14.Termination

We reserve the right to suspend or terminate your account and access to Align at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 4, 7, 9, 10, 11, 12, and 15.

15.General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of Align and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

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

15.5 Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, government actions, internet or infrastructure outages, or third-party service failures.

16.Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us at: