Terms & Conditions

Terms and Conditions

TERMS AND CONDITIONS Last updated: 12/31/2025

 

MigraineMatters – Terms & Conditions

Effective date: November 16, 2025 Last updated: November 16, 2025 These Terms & Conditions (“Terms”) govern your access to and use of the MigraineMatters web and mobile applications, websites, and related services (collectively, the “App”), which are provided by Axona Labs Corp. (“Axona Labs”, “we”, “us”, or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the App. Our Privacy Policy forms part of these Terms. By using the App, you also agree to the Privacy Policy.

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1. Who we are • Provider / Controller: Axona Labs Corp., doing business as MigraineMatters • Registered address: 1004–750 W Broadway, Vancouver, BC, Canada • Contact email: admin@axona.ca The App is owned and operated from the Province of British Columbia, Canada, and is made available to users worldwide, subject to these Terms and applicable laws.

2. Eligibility You may use the App only if: 1. You are at least 16 years old; and 2. You have the legal capacity to enter into a binding contract under the laws that apply to you; and

3. If you are under the legal age of majority in your jurisdiction, you have your parent or legal guardian’s permission to use the App and accept these Terms. By using the App, you represent and warrant that you meet all of the above requirements. We may refuse, suspend, or terminate your access to the App at any time, in our sole discretion, without notice or liability, if we believe you do not meet these requirements or have otherwise violated these Terms. 3. Changes to these Terms We may modify these Terms at any time, at our sole discretion. When we do, we will update the “Last updated” date at the top of this page and may provide additional notice in the App or by email where required by law. If you continue to use the App after changes take effect, you will be deemed to have accepted the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

4. Nature of the App – No medical advice, diagnosis, or emergency use 4.1 Informational and self-tracking purposes only The App is intended solely to help you record, organize, and visualize information related to migraines and related factors (for example, symptoms, triggers, medications, lifestyle data, or weather) that you choose to enter. The App and any content made available through it (including summaries, graphs, trends, educational content, automated suggestions, or notifications): • Are general informational tools only; • Are not tailored to your individual medical situation; and • Are not a substitute for professional clinical judgment or medical decision-making. 4.2 No medical advice, diagnosis, treatment, or triage The App does not: • Provide medical advice or clinical recommendations; • Provide a medical diagnosis or rule out conditions; • Prescribe, adjust, or recommend specific medications, dosages, or treatment plans; • Interpret imaging, labs, or other clinical tests; • Provide triage, risk stratification, or monitoring for deterioration. Any references in the App to symptoms, medications, treatment options, triggers, or outcomes are generic and for educational purposes only. You are solely responsible for how you choose to use or interpret this information. 4.3 No doctor–patient or healthcare relationship Your use of the App does not create a doctor–patient, therapist–patient, or any other healthcare professional–patient relationship between you and: • Axona Labs; • Any of its directors, officers, employees, contractors, or advisors; or • Any healthcare professionals who may be involved in its design, development, or testing. Nothing in the App should be interpreted as personalized clinical advice from any specific healthcare professional. 4.4 Always consult your own healthcare professional You agree that you will: • Not make or change any medication, treatment, or lifestyle decisions solely based on the App; • Always consult your own physician or other qualified healthcare provider regarding any questions you have about: o A medical condition; o Medication changes or side effects; o New or worsening symptoms; or o Test results or treatment plans. Never disregard professional medical advice or delay seeking it because of something you have read or seen in the App. 4.5 Not for emergencies or crises The App is not designed or intended for emergency use, crisis intervention, or real-time monitoring. You must not rely on the App for: • Symptoms that may represent a medical emergency (for example, new or severe headache, neurological changes, chest pain, difficulty breathing, thoughts of self-harm, or harm to others); or • Any situation where time-sensitive medical assessment or treatment may be required. If you believe you may be experiencing a medical emergency or are in crisis, you must immediately: • Call your local emergency number (e.g., 911 in North America); or • Go to the nearest emergency department; or • Contact a local crisis service. 4.6 Not a medical device; no regulatory approval The App is not a medical device and is not intended to: • Diagnose, treat, cure, or prevent any disease; or • Provide automated clinical decision support in compliance with medical-device regulations. The App has not been reviewed, cleared, or approved by Health Canada, the U.S. Food and Drug Administration (FDA), the European Medicines Agency (EMA), or any other regulatory authority as a medical device or clinical decision support tool. Any use of the App by healthcare professionals is at their own discretion and does not relieve them of their professional responsibilities under applicable law, regulation, or professional standards. 5. Your account and security 5.1 Account registration To use certain features of the App, you may need to create an account by providing accurate and complete information. You agree to: • Provide true, current, and complete information; and • Update such information as needed to keep it accurate. We may reject, remove, or require you to change any username or profile information that we consider inappropriate, misleading, or in violation of these Terms. 5.2 Account security You are solely responsible for: • Maintaining the confidentiality of your login credentials; and • All activities that occur under your account, whether or not you authorized them. You must notify us immediately if you suspect any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to safeguard your account. 6. License to use the App Subject to your compliance with these Terms, Axona Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your personal, non-commercial purposes. You may not: • Copy, modify, adapt, translate, or create derivative works based on the App; • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the App, except where such restrictions are prohibited by law; • Remove, alter, or obscure any copyright, trademark, or other proprietary notices; • Use the App for any commercial purpose without our prior written consent. We reserve all rights not expressly granted to you in these Terms. 7. User content 7.1 Your data and other content “User Content” means any data, text, images, feedback, or other content you submit, upload, or otherwise make available through the App, including information about your migraines, symptoms, medications, and any other personal notes you choose to record. You retain all rights, title, and interest in and to your User Content, subject to the rights granted to us below. 7.2 License you grant to us By submitting User Content, you grant Axona Labs a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to: 1. Operate and improve the App o Use, host, reproduce, store, process, modify, display, and perform your User Content as reasonably necessary to operate, maintain, secure, troubleshoot, and improve the App and related services. 2. Develop features, analytics, and models o Use your User Content (including in de-identified and/or aggregated form) to:  Improve algorithms and features;  Analyze usage patterns and outcomes;  Conduct internal analytics and quality improvement;  Develop new products, services, or tools. 3. De-identified and aggregated use o Transform your User Content into de-identified and/or aggregated data, and use or share such de-identified/aggregated data for any lawful purpose, including:  Research and development;  Statistical and analytics purposes;  Publication, presentations, and educational materials;  Commercial and non-commercial collaborations with third parties, as described in our Privacy Policy. To the extent required by law, we will treat personal information in accordance with our Privacy Policy and applicable privacy legislation. De-identified and aggregated data will not be treated as personal information where it no longer identifies you. Your license to us continues for as long as we reasonably need your User Content for the purposes described above, including after you stop using the App, subject to your rights under applicable law and as further described in the Privacy Policy. You confirm that you have all rights, consents, and permissions necessary to grant this license for all User Content you submit. 7.3 Your responsibilities You are solely responsible for: • The accuracy and legality of your User Content; • Obtaining any necessary consents from third parties whose data you may include; and • Ensuring that your User Content does not violate any law or these Terms. We may, but are not obligated to, monitor, review, or remove User Content at our sole discretion. 8. Acceptable use You agree not to use the App to: 1. Violate any applicable law or regulation; 2. Infringe or violate the rights of others, including privacy, publicity, intellectual property, or contractual rights; 3. Transmit any content that is unlawful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable; 4. Upload viruses, malware, or other harmful code; 5. Attempt to gain unauthorized access to any systems, networks, or data; 6. Interfere with or disrupt the App or servers, including by overloading, flooding, spamming, or scripting; 7. Engage in data mining, scraping, or similar data-gathering methods without our prior written consent; 8. Misrepresent your identity or affiliation with any person or entity; 9. Use the App to develop, train, or improve any competing product or service; 10. Resell, sublicense, or otherwise exploit the App for commercial purposes without our explicit written permission. We may suspend or terminate your access to the App immediately, without notice, for any suspected breach of this section. 9. Fees and payment (if applicable) The App may be offered for free or with paid features, subscriptions, or in-app purchases. We may change our pricing at any time. If you purchase a subscription or any paid feature: • You agree to pay all applicable fees, taxes, and charges; • Payments may be processed through third-party providers (e.g., app stores, payment processors), and their terms will also apply; • Unless otherwise specified, subscriptions may auto-renew at the end of each billing period unless you cancel according to the instructions in the App or in your app store account; • All fees are generally non-refundable, except as required by law or expressly stated by us. 10. Third-party services and links The App may: • Integrate with third-party services (e.g., hosting providers, email providers, analytics providers, crash/diagnostic tools, or weather data providers); and/or • Contain links to third-party websites, applications, or resources. Currently, our infrastructure and hosting are provided through third-party providers such as Base44 on Amazon Web Services (AWS). We may also use third-party email services for transactional messages and diagnostics tools for error logging. We do not control and are not responsible for third-party services or content. Your use of them is at your own risk and is subject to their own terms and policies. We do not endorse, guarantee, or assume responsibility for those third parties. 11. Privacy and data protection Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect your information, including: • Health-related information you choose to record; • Technical and usage data (e.g., device information, cookies, diagnostics logs); • Location data (if you choose to enable location features, such as for weather tracking); • The use of cloud hosting (currently via providers such as Base44 on AWS); • Backup retention windows (for example, backup purge windows following account deletion); and • The use of limited diagnostic and logging information (with typical retention periods). The Privacy Policy also explains: • How you may opt out of certain research-related uses of your data (while still allowing us to operate the App); • How push notifications (for example, on iOS) may be used; and • What choices and rights you have under applicable privacy laws. If there is a conflict between these Terms and the Privacy Policy concerning personal information, the Privacy Policy will generally prevail, except where these Terms impose additional limitations or obligations on your use of the App. 11A. Research, analytics, and de-identified data 11A.1 De-identification and aggregation As part of operating and improving the App, we may transform your User Content and other data into de-identified and/or aggregated data by removing direct identifiers and combining data across users, in line with our Privacy Policy. Once data has been de-identified in accordance with applicable standards, it may no longer be considered “personal information” under certain privacy laws. 11A.2 Purposes of research and analytics You acknowledge and agree that Axona Labs may use de-identified and/or aggregated data derived from your use of the App for: • Internal research and development; • Analytics and statistical reporting; • Understanding migraine patterns, triggers, and outcomes; • Developing and evaluating algorithms, features, and tools; • Educational purposes, academic publications, or presentations; • Commercial and non-commercial collaborations with trusted partners (for example, universities, research institutes, or industry partners), as permitted by law and described in our Privacy Policy. We will not attempt to re-identify individuals from de-identified data, except where required by law or permitted for testing the robustness of de-identification measures. 11A.3 Opt-out of certain research use (where available) If our Privacy Policy states that you may opt out of certain research-related uses of your data: • We will provide a mechanism (for example, an in-App setting or a contact method) to request that we no longer use your future data for specified research or analytics purposes, to the extent required by applicable law; • Such an opt-out will not: o Affect processing that is strictly necessary to provide the App to you; o Require us to delete or withdraw de-identified or aggregated data already created before we processed your opt-out request; or o Affect research or analytics where your data has already been irreversibly de-identified and is no longer reasonably capable of identifying you. Any opt-out will be implemented on a go-forward basis within a reasonable period of time. 11A.4 Third-party research partners Where we collaborate with third-party research or analytics partners: • We will use appropriate contractual and technical safeguards designed to protect your personal information, as described in the Privacy Policy; • Partners will generally receive only de-identified or aggregated data, unless another lawful basis applies and is permitted under applicable privacy law. You acknowledge that results of research or analytics activities (for example, publications, reports, or commercial tools) may be shared publicly or with third parties, but such outputs will not identify you personally. 12. Intellectual property The App, including all software, code, design, text, graphics, logos, icons, images, audio, video, and other content (excluding your User Content), as well as all associated intellectual property rights, are owned by or licensed to Axona Labs. You acknowledge that: • The App is protected by copyright, trademark, and other laws; • “MigraineMatters”, “Axona Labs”, and any related logos and marks are trademarks or trade names of Axona Labs; and • You have no right, title, or interest in or to the App other than the limited license granted in these Terms. You may not use our name, trademarks, or branding without our prior written permission. 13. Beta features and changes to the App We may introduce new features, modify existing ones, or discontinue parts of the App at any time, with or without notice. Certain features may be offered as beta, preview, or experimental, and may: • Be incomplete; • Change significantly before full release; • Have reduced or different reliability and security expectations. You use beta or experimental features at your own risk, and they are provided “as is” without warranties of any kind. We are not liable for any modification, suspension, or discontinuation of the App or any feature. 14. Disclaimers To the fullest extent permitted by law, you expressly agree that: 1. Your use of the App is at your sole risk. 2. The App is provided on an “as is” and “as available” basis.

3. We disclaim all warranties, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

4. We do not warrant that: o The App will be uninterrupted, timely, secure, or error-free; o Any information, insights, or results obtained through the App will be accurate, complete, or reliable; o Any defects or errors will be corrected. The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. Any reliance you place on information provided through the App is strictly at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, the warranties will be limited to the minimum extent required by law. 15. Limitation of liability To the maximum extent permitted by law, in no event will Axona Labs, its affiliates, directors, officers, employees, contractors, or licensors be liable for any: • Indirect, incidental, consequential, special, punitive, or exemplary damages; • Loss of profits, revenue, data, goodwill, or other intangible losses; or • Damages relating to: o Your access to, use of, or inability to access or use the App; o Any conduct or content of any third party; o Any unauthorized access, use, or alteration of your transmissions or data; o Any decision or action you take based on information obtained through the App. This limitation applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages. In all cases, Axona Labs’ total aggregate liability arising out of or related to the App or these Terms shall not exceed: • The amount you have paid to us for use of the App in the twelve (12) months prior to the event giving rise to the claim; or • CAD $100, if you have not paid us anything during that period, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the minimum extent permitted by law.

16. Indemnification To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Axona Labs and its affiliates, directors, officers, employees, contractors, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: 1. Your use or misuse of the App; 2. Your violation of these Terms; 3. Your violation of any rights of a third party; or 4. Any User Content you submit, post, or transmit through the App. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate with our defence.

17. Termination We may, in our sole discretion and without liability to you, with or without cause and with or without prior notice: • Suspend or terminate your account; • Restrict your access to the App; • Remove or delete any User Content; or • Discontinue the App entirely. You may stop using the App and, if applicable, delete your account at any time. Upon termination for any reason: • Your right to use the App will immediately cease; and • Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 4, 7.2, 11, 11A, 12, 14–19) shall survive.

18. Governing law and exclusive jurisdiction (Vancouver, BC, Canada) These Terms and any dispute, claim, or controversy arising out of or in connection with these Terms, the App, or your use of the App (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. To the fullest extent permitted by law: • You and Axona Labs irrevocably agree that any Dispute shall be brought exclusively in the courts of the City of Vancouver, Province of British Columbia, Canada; • You irrevocably submit to the personal and exclusive jurisdiction and venue of those courts; • You waive any objection to such jurisdiction or venue, including any objection based on inconvenient forum. You agree that you may only resolve Disputes with us on an individual basis, and that you will not bring a claim as a plaintiff or class member in any class, consolidated, or representative action. To the extent permitted by law, class action procedures and class arbitrations are not allowed. If any part of this Section 18 is found to be unenforceable, the remainder shall remain in full force and effect, and the unenforceable part shall be enforced to the maximum extent permissible.

19. Miscellaneous 19.1 Entire agreement These Terms, together with the Privacy Policy and any other policies or guidelines we make available in the App, constitute the entire agreement between you and Axona Labs regarding your use of the App, and supersede any prior agreements or understandings. 19.2 Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. 19.3 No waiver Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us. 19.4 Assignment You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, in whole or in part, without restriction and without notice to you. 19.5 Force majeure We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, labour disputes, governmental actions, internet or network failures, or other events of a similar nature. 19.6 Language These Terms may be provided in multiple languages. In the event of any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail to the extent permitted by law.

20. Contact us If you have any questions about these Terms, you may contact us at: Axona Labs Corp. Attn: Terms & Conditions / Legal 1004–750 W Broadway Vancouver, BC, Canada Email: admin@axona.ca