Terms & Conditions

These Terms & Conditions (the "Terms") are a legal agreement between you and Kyanovo International LLC ("KYANOVO," "we," "us" or "our"), the company behind the KYANOVO Health & Wellness brand. They govern your use of kyanovo.com, the member stores hosted on it, your account and back office, and every purchase you make from us.

Three sections deserve particular attention. Section 7.7 explains that billing questions and refund requests must go to KYANOVO Support, and what happens if you file a chargeback instead. Section 8 explains how autoship billing works and how to cancel it. Section 20 explains how disputes are resolved, including binding individual arbitration, a waiver of class actions and jury trials, and your right to opt out of arbitration within 30 days.

At a glance

This summary is here for convenience. The full Terms below are what govern.

• You must be 18 or older to shop with us or open an account (Section 2). We ship only within the United States.
• Every member store is shared by an Independent Affiliate, but you always buy from KYANOVO. We take the payment, ship the order and stand behind it.
• Product Points are prepaid credit for KYANOVO products, available to Affiliates. They are not money, have no cash value and cannot be passed to anyone else. Product Point packs are non-refundable, except as Section 6.6 explains.
• Autoship is optional. It charges your card every 30 days until you cancel, and you can cancel at any time in your back office.
• Products carry a 30-day Satisfaction Guarantee, counted from delivery. Shipping, returns and refunds are covered in the Refund & Shipping Policy, and delivery times are estimates, not guarantees.
• Billing questions and refund requests go to support@kyanovo.com. A chargeback filed instead of contacting us is treated as fraud and leads to a $30 fee and the termination of your account (Section 7.7).
• Our products are not medicines. Please speak with your healthcare professional before starting any supplement.
• Affiliates also agree to the Affiliate Policies & Procedures and the Compensation Plan. Income is never guaranteed.

1. About these Terms

1.1 Who these Terms apply to

1.2 Documents that form part of these Terms

The documents below are part of these Terms. By accepting these Terms, you also accept each document that applies to you.

1.3 Words we use

1.4 Accepting these Terms

You accept these Terms when you use the Services, open an account or place an order. If you do not agree with them, please do not use the Services.

To open an account, you must tick two required boxes:

• one confirming that you are 18 or older and that you agree to these Terms and the Privacy Policy, and, for an Affiliate account, the Affiliate Policies & Procedures; and
• one confirming that you will contact KYANOVO Support at support@kyanovo.com about any billing question or refund request before contacting your bank or card company, and that you understand a chargeback may result in a $30 fee and the termination of your account. For an Affiliate account, this box also confirms that Product Point packs are non-refundable.

We record each of these agreements with the date and time, your IP address and the version of the documents you accepted. Before you buy a Product Point pack or start an autoship, you confirm a further statement, described in Sections 6.6 and 8.3. When you buy through a member store, the checkout states that by placing your order you agree to these Terms and the Refund & Shipping Policy.

If you accept these Terms on behalf of a business, you confirm that you are authorized to bind that business.

2. Eligibility

To open an account, place an order or enroll as an Affiliate, you must:

• be at least 18 years old;
• be legally able to enter into a binding contract;
• not be prohibited by law from using the Services; and
• give us information that is true, accurate and complete.

Where we sell. We deliver only to addresses in the United States. All prices and payments are in US dollars, and bank payments must come from a US bank account.

Where Affiliates may operate. Affiliates may enroll and receive commissions only in the United States. The Affiliate Policies & Procedures set out any further requirements.

The Services are not directed to children. We may refuse service, an account or an order to anyone, at our discretion and as the law allows.

3. Your account

3.1 Shopping without an account

You do not need an account to shop in a member store. At checkout, our payment processor collects your email address, name, shipping address and phone number so that we can fill, ship and track your order.

3.2 Account types

Opening either type of account is free.

3.3 Opening an account

• Referral required. You need the referral link or username of an existing KYANOVO member. An Affiliate account must be sponsored by an Affiliate.
• Your agreement. You must tick the required boxes described in Section 1.4. An account cannot be opened without them.
• Email confirmation. We send a verification link to the address you give us. The link expires after 24 hours, and you cannot sign in until your email is confirmed.
• Our discretion. We may decline any sign-up, including sign-ups from email providers we do not accept.

3.4 Keeping your account secure

• Choose a strong password that you do not use anywhere else, and keep it private.
• You are responsible for activity under your login, except where it results from our own failure to protect the Services.
• Tell us straight away at support@kyanovo.com if you think someone else has accessed your account.
• Do not sell, lend or transfer your account. An Affiliate business may change hands only as the Affiliate Policies & Procedures allow.

3.5 Your username and personal links

Your username becomes part of your personal links, such as kyanovo.com/<username> and, for Affiliates, kyanovo.com/<username>/shop. A username must not:

• impersonate anyone, or suggest that you are KYANOVO or speak on its behalf;
• infringe anyone else's rights, including trademarks; or
• be offensive, misleading or unlawful.

We may ask you to change a username that breaks these rules, or change it ourselves. When you change your username, links that use your old one may redirect to the new one.

3.6 Keeping your details current

You can update your email address, phone number and username in your back office. Please keep them current so that we can reach you about your orders and your account.

3.7 Closing your account

You can ask us to close your account at any time by writing to support@kyanovo.com. When we close an account:

• any active autoship is cancelled and no further charges are made;
• unused Product Points can no longer be spent. When an Affiliate account closes, the Affiliate may ask, within 30 days of the closing, for the buyback described in Section 6.6 and in Section 28 of the Affiliate Policies & Procedures. All other unused Product Points end;
• an Affiliate position is handled as the Affiliate Policies & Procedures describe; and
• we keep the records we need to keep, as the Privacy Policy explains.

4. Member stores and referral links

4.1 You always buy from KYANOVO

Each Affiliate has an online store at kyanovo.com/<username>/shop. The Affiliate shares the store, but KYANOVO is the seller. When you buy through any member store, we:

• choose the products and set the prices;
• take your payment through our checkout;
• ship your order; and
• handle your questions, returns and refunds under the Refund & Shipping Policy.

Some orders are filled from product held for an Affiliate under our Fulfilled by KYANOVO (FBK) program. This does not change who you buy from, the price you pay or your rights under these Terms.

4.2 Affiliates are independent

Affiliates run their own independent businesses. They are not our employees, agents or partners. They cannot change these Terms, make promises on our behalf or take payment for KYANOVO orders outside our checkout.

Only official KYANOVO materials describe our products, prices and policies. If an Affiliate tells you something that differs from what we publish, our published information applies. Please let us know at support@kyanovo.com so we can put it right.

4.3 Affiliates may earn from your purchase

The Affiliate whose store or link you use may earn a commission on your order. Prices are the same in every member store, so this does not change what you pay.

4.4 Referral links

When you open an Affiliate's personal link, we store a referral cookie in your browser for 30 days. It lets us credit that Affiliate if you shop or sign up. If you reach our shop without a referral, we may show you a member store of our choosing. We determine attribution from our own records. The Cookie Policy describes this cookie in more detail.

4.5 When an Affiliate can see your details

If you ask for information through an Affiliate's link, for example by completing an interest form, that Affiliate can see the name, email address, phone number and country you provide, and may contact you. The Privacy Policy explains how this works and what choices you have.

5. Products and prices

5.1 Product information

We take care to describe our products accurately. If anything on the website differs from the product label or packaging, the label and packaging control. Photos are for illustration, and packaging may change over time. Always read the label before use.

5.2 Prices

• Prices are in US dollars and are shown in the store or your back office before you pay.
• Our checkout calculates the price from our own records at the moment you buy. The price is the same in every member store.
• We may change prices at any time. A change never affects an order you have already paid for. Section 8 explains how price changes apply to autoship.
• If a product is listed at the wrong price or with the wrong description, we may cancel the order, even after you have received a confirmation, and refund everything you paid.

5.3 Member pricing

Affiliates do not buy products for cash at member prices. They buy Product Point packs and spend the points on products, so the price of the pack sets what an Affiliate effectively pays for a product. Pack prices and the point price of each product are shown before you buy.

5.4 Availability and limits

Products are offered while stock lasts. We may limit the quantity of any item or the size of any order. We may also change formulas or packaging, or discontinue a product.

5.5 Personal use

Products sold to customers are for personal use and not for resale. Affiliates may resell products only as the Affiliate Policies & Procedures allow.

6. Product Points

6.1 What Product Points are

Product Points ("PP") are prepaid credit for KYANOVO products. Affiliates buy them in packs in the back office and redeem them there for products. Pack sizes and prices are shown before you buy.

6.2 What Product Points are not

Product Points:

• are not money, a deposit, a security or an investment;
• have no cash value and cannot be withdrawn, cashed out or exchanged for money, except through a refund the law requires or the buyback described in Section 6.6;
• cannot be sold, given or transferred to any other person or account; and
• do not earn interest.

6.3 Your Point Balance and FBK Balance

Your Product Points sit in your Point Balance or, if you qualify, your FBK Balance. You can move points between your own two balances as your back office allows. To move points into an FBK Balance, you must have bought at least 500 PP in packs in total. A refunded or disputed pack no longer counts toward that total. The Affiliate Policies & Procedures govern the FBK program.

6.4 Spending Product Points

• Each product shows its price in points.
• Shipping on a points order is paid separately, by card.
• When you begin a points checkout, we set the points aside. If you do not finish paying for shipping before the checkout expires, the points return to your Point Balance.

6.5 Expiry

Product Points do not expire while your account stays open. Section 3.7 explains what happens to them when an account closes.

6.6 Packs are non-refundable

Product Point packs, including join packs, FBK packs and every autoship charge, are non-refundable. Before you buy a pack or start an autoship, you must tick a box confirming that you understand that packs are non-refundable and that autoship charges the same pack every 30 days until you cancel it in your back office. We record that agreement with the purchase.

The only exceptions are:

• Refunds the law requires, for example where we charged you in error or your payment method was used without your permission.
• The buyback when an Affiliate account closes. When an Affiliate account closes, whether you cancel it or we do, you may ask us, within 30 days of the closing, to buy back the unused Product Points that came from packs bought in the 12 months before your request. We pay 90% of the net price you paid for them. Section 28 of the Affiliate Policies & Procedures sets out how the buyback works.

If a pack purchase is refunded, bought back, reversed or charged back, we remove the Product Points it added that are still unspent, first from your Point Balance and then from your FBK Balance. Any commissions and qualification linked to that purchase are reversed as the Affiliate Policies & Procedures describe.

7. Orders and payment

7.1 Placing an order

You place every order through our checkout. We accept your order once your payment is confirmed. We will email you about your order, including tracking details once it ships.

7.2 How you can pay

7.3 Payment processing

Payments are processed by Stripe, our payment processor. We do not receive or store your full card or bank account number. Stripe's own terms and privacy policy apply to the payment itself. By paying, you confirm that you are authorized to use the payment method, and you authorize us, through Stripe, to charge it for your order.

7.4 Bank (ACH) payments

A bank payment can take several business days to clear. We do not add Product Points or process the purchase until the payment clears. If the payment fails, no points are added and the purchase does not go through.

7.5 Sales tax

Sales tax is added to an order only where we collect it. When it applies, it is calculated at checkout and shown before you pay.

7.6 When we may refuse or cancel an order

We may refuse or cancel an order if we suspect fraud or unauthorized use, if there is a pricing or listing error, if a product is unavailable, if the order breaks these Terms or the law, or if we cannot deliver to the address given. If we cancel an order you have paid for, we refund the full amount to your original payment method.

7.7 Billing questions, refunds and chargebacks

Contact Support first. All billing questions and refund requests must go to KYANOVO Support at support@kyanovo.com. You agree to contact Support about any problem with a charge before you contact your bank or card company, and you confirm this when you open an account (Section 1.4). If we charged you in error, or your payment method was used without your permission, tell us and we will refund the charge.

Every dispute reverses the purchase. As soon as we are notified of a chargeback or payment dispute, we treat the purchase as reversed, just as if it had been fully refunded. The order is marked as refunded, any unspent Product Points it added are removed, and the commissions, bonuses, volume and qualification linked to it are reversed, as the Affiliate Policies & Procedures describe.

A chargeback filed instead of contacting Support. We treat a chargeback or payment dispute filed instead of contacting Support as fraud, meaning an attempt to keep goods or Product Points without paying for them, and as a material breach of these Terms. In that case, in addition to the reversal described above:

• a chargeback fee of $30 applies to each disputed charge;
• any KYANOVO account you hold is terminated, and Section 22 applies; and
• we may pursue recovery of the disputed amount, the fee and any related losses as the law allows, including by deducting them from amounts we owe you.

We answer every dispute with our order, payment and delivery records, together with the agreements you accepted and when you accepted them.

Your rights stay intact. This section does not take away any right the law or your card network's rules give you to dispute a charge. It explains what we require before a dispute is filed and how we respond once one is. If a charge appears that you did not make or authorize, reporting it to your bank is not treated as fraud by you. Please tell Support straight away as well, so that we can stop any further charges.

8. Autoship (recurring billing)

Please read this section carefully. When you start an autoship, you authorize us to charge the card you provide the price of the Product Point pack you choose, as shown at checkout, once when you sign up and again every 30 days after that, until you cancel. You can cancel at any time in your back office. Cancelling stops all future charges straight away. To avoid the next charge, cancel before your next billing date. Each autoship charge is a pack purchase and is non-refundable, as Section 6.6 explains.

8.1 What autoship covers

• Autoship is available to Affiliates for join packs (currently the 14.3 PP, 50 PP and 100 PP packs).
• Each account can have one autoship at a time.
• Each successful charge adds that pack's Product Points to your Point Balance.

8.2 Autoship is optional

You never need an autoship to join, to remain a member or to buy products. Nor is it required for any qualification under the Compensation Plan: a one-time pack purchase counts in exactly the same way.

8.3 Before you start

Before you go to checkout, you must tick a box confirming that you understand that Product Point packs are non-refundable and that autoship charges the same pack every 30 days until you cancel it in your back office. We record that agreement with the purchase. Our checkout then shows you the pack, the price and how often you will be charged before you confirm. While your autoship is running, your back office shows the pack, the price, the date of your next charge and the option to cancel.

8.4 Price changes

Your autoship keeps the price shown when you started it. A later change to pack prices does not change the price of an autoship that is already running. If we ever need to change the price of a running autoship, we will email you at least 30 days before the new price applies. You can cancel before then if you do not want to continue.

8.5 Receipts and reminders

Our payment processor may email you a receipt after each charge. We do not send a separate reminder before each 30-day charge, so please check the date of your next charge in your back office.

8.6 If a payment fails

If a scheduled charge does not go through, no Product Points are added for that cycle. Our payment processor may try the charge again. If the payment still cannot be collected, the autoship may be cancelled.

8.7 How to cancel

• Online: in your back office, choose Cancel autoship. Cancellation takes effect immediately, and no further charges are made.
• By email: write to support@kyanovo.com from the email address on your account. We aim to cancel your autoship within 1 business day of receiving your request, and we will reply to confirm. If your next charge is due sooner, cancel in your back office to be sure of stopping it.

Cancelling stops future charges. It does not refund a charge already made, because each autoship charge is a pack purchase and packs are non-refundable (Section 6.6). You may start a new autoship at any time.

8.8 Changes to the autoship program

We may change or end the autoship program, and we may cancel an autoship if an account is closed or suspended. If we end the program, we will tell you in advance and will not charge you after it ends.

9. Shipping, returns and refunds

• Delivery area. We ship only to addresses in the United States.
• Delivery times. Any processing or delivery times we give, including those in the Refund & Shipping Policy, are estimates of how long orders usually take, not guarantees. If we cannot ship your order within the time we state, or within 30 days if we state no time, we will tell you, and you may cancel that order for a full refund.
• Shipping charges. A shipping fee is shown at checkout before you pay. Any free-shipping offer is also shown at checkout.
• Carriers and tracking. We ship with a carrier we choose and email you tracking details once your order is on its way.
• Your address. Please check your shipping address before you pay. The Refund & Shipping Policy explains what happens if an address is wrong.
• Title and risk of loss. Ownership of the products, and the risk of their loss, pass to you when we hand your order to the carrier. This does not reduce the help the Refund & Shipping Policy offers for packages that are lost or damaged in transit.
• Satisfaction Guarantee, returns and refunds. Our Satisfaction Guarantee gives you 30 days from delivery to ask for a refund on products. The Guarantee, returns, refunds, and damaged, wrong or missing items are covered in the Refund & Shipping Policy. On those subjects, that policy controls. Product Point packs are non-refundable, as Section 6.6 explains.
• Effect on commissions. When a purchase linked to an Affiliate is refunded, the related commissions are reversed, as the Affiliate Policies & Procedures describe.

10. Health and product safety

Our products are nutritional products, not medicines.

These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

• Not medical advice. Information on our website, in our emails and from Affiliates, including our science and ingredient pages, is general information only. It is not a substitute for advice from a qualified healthcare professional.
• Check with your healthcare professional first, especially if you are pregnant or nursing, take any medication, have a medical condition or are planning surgery.
• Follow the label. Use products only as directed, do not exceed the stated serving, and store them as the label instructs and out of reach of children.
• If you react badly, stop using the product, seek medical care if needed, and tell us at support@kyanovo.com so that we can follow up.
• Research is about ingredients. The studies we reference were carried out on ingredients, such as L-ergothioneine, not on KYANOVO products. The findings, and the wording used to describe them, come from the published studies and their sponsors, and we link to the studies so that you can read them yourself. They do not mean that our products will produce the same results.
• Results vary. Individual experiences differ, and testimonials are not a promise of results.

The Legal Disclaimers say more about health, testimonials and product information.

11. Becoming an Affiliate

11.1 Additional documents

When you enroll as an Affiliate, you also agree to the Affiliate Policies & Procedures and the Compensation Plan. If they conflict with these Terms on a matter concerning your Affiliate business, such as commissions, conduct, placement or termination, the Affiliate Policies & Procedures control. On everything else, these Terms control.

11.2 You are an independent business

As an Affiliate, you are an independent contractor. You are not our employee, agent, partner or franchisee, and you cannot bind us. You are responsible for your own taxes, expenses, licenses and business decisions.

11.3 Enrollment is free

There is no fee to enroll, and no purchase is required to become an Affiliate. What you can earn depends on the qualification rules in the Compensation Plan.

11.4 No guaranteed income

We do not guarantee any income. Results depend on many things, including sales of products to customers, your effort, your skills and market conditions, and you may earn little or nothing. Commissions are paid only on product purchases, including Product Point packs, and never simply for enrolling someone. The Legal Disclaimers say more about earnings.

11.5 Earnings, balances and Bonus Kash

• Commissions, wallet balances (Available, Reserve and Travel) and Bonus Kash are governed by the Compensation Plan and the Affiliate Policies & Procedures, including when and how they are paid.
• Wallet balances are records of amounts credited to you. They are not bank accounts and earn no interest.
• Bonus Kash is a non-cash travel credit. It has no cash value, cannot be transferred and does not expire while your account is open. Bonus Kash and the Travel balance can be redeemed only for KYANOVO travel offers, when we make them available.
• If a purchase is refunded or charged back, the related commissions are reversed. Amounts already paid are deducted from your Available balance, which may go below zero. Future earnings go toward clearing a negative balance first, and the Affiliate Policies & Procedures explain what else may happen if it stays negative.

11.6 How you represent KYANOVO

• Make product claims only from official KYANOVO materials, and never claim that a product treats, cures or prevents any disease.
• Make income claims only as the Affiliate Policies & Procedures allow.
• Make clear that you are an Independent KYANOVO Affiliate and may earn from sales, wherever you promote KYANOVO.
• Follow all laws on email, text messages, advertising and endorsements.

11.7 Promotions and recognition

Recognition programs, contests, events and retreats, including Founding Affiliate recognition, are governed by the rules we publish for each one.

12. Communications

• Electronic communications. You agree to receive communications from us electronically. Notices we send by email or show in your back office satisfy any requirement that they be in writing.
• Service messages. We send messages you need, such as email verification, order confirmations and shipping updates, and any account or autoship notices we send. These continue whatever your marketing preferences.
• Marketing emails. Every marketing email includes an unsubscribe link. We honor unsubscribe requests promptly, and always within 10 business days.
• Texts and calls. We do not send marketing texts or automated calls unless you have given separate written consent.

13. Intellectual property

13.1 What we own

The Services and their content belong to us or our licensors. That includes text, graphics, photos, video, page design, software, the KYANOVO name, wordmark and icon mark, the line "Tomorrow Starts Within," and product names such as Ergo and Ruby Rush. Intellectual property laws protect all of it.

13.2 Your permission to use the Services

We give you a limited, personal, non-exclusive, non-transferable and revocable permission to use the Services to shop and to manage your account. You may share your own personal links. Otherwise, you may not copy, republish, sell, modify, frame or create works based on any part of the Services, or remove any ownership notice, without our written permission.

13.3 Our trademarks

You may not use our names, logos or other trademarks without our written permission. That includes use in domain names, social media handles, business names and advertising. Affiliates may use approved materials as the Affiliate Policies & Procedures allow.

13.4 Feedback

If you send us ideas or suggestions, we may use them freely, without paying you or crediting you.

13.5 Copyright concerns

If you believe content on the Services infringes your copyright, write to support@kyanovo.com with:

• the work you believe has been infringed;
• where the material appears on the Services;
• your name and contact details;
• a statement that you believe in good faith the use is not authorized;
• a statement, under penalty of perjury, that your notice is accurate and that you own the copyright or may act for the owner; and
• your physical or electronic signature.

14. Content you share

14.1 What counts as your content

Your content includes your display name, bio, profile photo and username, and any reviews, testimonials, questionnaire answers or messages you send us.

14.2 Your permission to us

You keep ownership of your content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display and adapt it (for example, resizing a photo) in order to run, provide and improve the Services, such as showing your name and photo on your member store. This license ends when you remove the content or close your account, except for backup copies, copies we must keep by law, and content that others have already shared.

14.3 Use in our marketing

We ask your permission before using your name, image, story or testimonial in our advertising. Public recognition of Affiliate ranks and achievements is handled under Section 23.5 of the Affiliate Policies & Procedures.

14.4 Your promises about your content

You confirm that you have the right to share your content, that it is accurate and lawful, and that it:

• makes no claim that a product treats, cures or prevents any disease;
• makes no misleading claim about income;
• includes no one else's personal information without their permission; and
• is not offensive, harassing, defamatory or infringing.

14.5 Our role

We may review, refuse or remove any content at our discretion. We are not obliged to monitor it.

15. Acceptable use

When you use the Services, do not:

• break any law or regulation;
• give false information, impersonate anyone or open an account for someone else without their authority;
• use another person's account, card or bank account without permission;
• place orders to manipulate commissions, qualification or rank, or place orders on someone else's account without their authority;
• scrape, crawl or harvest data from the Services, including member or customer details, by automated or manual means;
• probe, scan or test the security of the Services, get around any security measure, or access areas not meant for you;
• interfere with the Services, overload them or introduce malicious code;
• reverse engineer any part of the Services, except as the law permits;
• send spam, or use information from the Services to contact people who have not agreed to hear from you;
• make disease claims about our products or misleading income claims; or
• help or encourage anyone else to do any of these things.

16. Third-party services and links

The Services rely on other providers, such as Stripe for payments, email delivery services and shipping carriers. They may also include embedded videos or links to outside websites, such as published research. Those providers and websites have their own terms and privacy policies. We do not control them and are not responsible for their content or practices. You use them at your own risk.

17. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND THE REFUND & SHIPPING POLICY, INCLUDING OUR SATISFACTION GUARANTEE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND OUR PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not promise that the Services will always be available, uninterrupted, secure or free of errors, or that all content will be complete or current.

Nothing in these Terms limits our Satisfaction Guarantee or any right you have under consumer protection law that cannot be waived.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• NEITHER KYANOVO NOR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM THE SERVICES OR OUR PRODUCTS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR OUR PRODUCTS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US $100.

These limits do not apply to liability for death or personal injury caused by our negligence, to fraud or willful misconduct, or to anything else the law does not allow us to limit. Some states do not allow certain limits, so some of them may not apply to you.

19. Indemnity

You agree to defend, indemnify and hold harmless KYANOVO, its related companies, and their owners, officers, employees and agents against any claims, losses, damages, liabilities and costs, including reasonable attorneys' fees, that arise from:

• your breach of these Terms or any document that forms part of them;
• your content;
• your misuse of the Services;
• your violation of any law or anyone else's rights; or
• if you are an Affiliate, your statements and business activities.

We will notify you of any such claim. We may choose to control the defense, and you agree to cooperate with us. You may not settle a claim that affects us without our written consent. This section does not apply to the extent a claim is caused by our own conduct.

20. Resolving disputes

Please read this section carefully. It affects your legal rights, including your right to go to court.

20.1 Start by contacting us

Most concerns can be settled quickly. Before starting any formal proceeding, send us a written notice by email to support@kyanovo.com, describing the dispute and the outcome you want. We will do the same if we have a dispute with you. Both sides will try in good faith to resolve the dispute within 30 days of the notice. Any deadline for bringing a claim is paused during that time.

20.2 Binding individual arbitration

If the dispute is not resolved within 30 days, any dispute between you and KYANOVO arising from or relating to these Terms, the Services, our products or any purchase will be decided by binding arbitration on an individual basis, not in court, except as Section 20.3 allows. This includes disputes about whether this section applies or can be enforced.

• The American Arbitration Association (AAA) will administer the arbitration under its rules in effect at the time, including its Consumer Arbitration Rules where they apply.
• A single arbitrator will decide the dispute and may award the same individual relief a court could.
• Hearings may take place by video conference or in the US county where you live. Either side may ask for a smaller claim to be decided on written submissions alone.
• Filing, administration and arbitrator fees will be paid as the AAA's rules provide.
• The Federal Arbitration Act governs this section.

20.3 Exceptions

Either side may:

• bring an individual claim in small claims court, if it qualifies; or
• ask a court for an injunction or similar relief to stop actual or threatened misuse of intellectual property or confidential information, unauthorized access to the Services or, for Affiliates, a breach of the recruiting rule in the Affiliate Policies & Procedures.

20.4 No class actions or jury trials

You and KYANOVO each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine more than one person's claims. You and KYANOVO each give up the right to a jury trial. If this paragraph is found unenforceable for a particular claim, that claim must go to court under Section 20.7 rather than to arbitration.

20.5 Your right to opt out

You can opt out of arbitration by emailing support@kyanovo.com within 30 days of first accepting these Terms. Use the subject line "Arbitration opt-out" and include your name, the email address linked to your account or order, and a clear statement that you are opting out. Opting out does not affect any other part of these Terms.

20.6 Changes to this section

If we change this section, the change will not apply to a dispute for which notice was given before the change took effect.

20.7 Courts

Any dispute that is not arbitrated, including where you opt out, will be heard only in the state or federal courts located in Florida. You and KYANOVO consent to the jurisdiction of those courts.

20.8 Affiliates

This section also governs disputes between KYANOVO and Affiliates, unless the Affiliate Policies & Procedures expressly say otherwise.

21. Governing law

Florida law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 20. If you are a consumer, you also keep the protection of any mandatory consumer laws of the state where you live.

22. Suspension and termination

• You may stop using the Services at any time, and you may close your account as Section 3.7 describes.
• We may suspend, restrict or close an account, or cancel an order or autoship, if we reasonably believe that you have broken these Terms or any document that forms part of them, that fraud or unauthorized use is involved, or that we must act to comply with the law or to protect members, customers or KYANOVO.
• We terminate an account when a chargeback or payment dispute is filed instead of contacting Support, as Section 7.7 explains.
• Unused Product Points are treated as Section 3.7 describes. Affiliate positions are handled under the Affiliate Policies & Procedures.
• Sections that by their nature should continue after an account ends will continue. These include the sections on reversals of Product Points and commissions, payment, chargebacks, intellectual property, your content, disclaimers, limitation of liability, indemnity, disputes and governing law.

23. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the new version with a new "Last updated" date. If a change is material, we will tell you by email or by a notice on the website at least 30 days before it takes effect. Continuing to use the Services after a change takes effect means you accept it. Orders are governed by the Terms in force when they were placed, and Section 20.6 explains how changes to the dispute section apply.

24. General terms

• Entire agreement. These Terms, with the documents listed in Section 1.2, are the whole agreement between you and KYANOVO about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect, and that part is enforced to the greatest extent allowed.
• No waiver. If we do not enforce a right, we have not given it up.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours, for example as part of a merger, acquisition or sale of assets.
• Events beyond our control. We are not responsible for delays or failures caused by events we cannot reasonably control, such as natural disasters, carrier or supplier disruptions, outages or government action.
• No third-party beneficiaries. No one other than you and KYANOVO has rights under these Terms.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation." If we provide a translation, the English version controls.
• Notices. We may send notices to the email address on your account or order, or post them in your back office. You may send notices to us by email at support@kyanovo.com.

25. Contact us

We handle all support by email. Please include your order number whenever you write to us about an order.

California residents. 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or at (916) 445-1254 or (800) 952-5210.