TRUVANI CASH BACK REWARDS PROGRAM

TERMS & CONDITIONS

Effective Date: July 10, 2025
Last Updated: Never

BY PARTICIPATING IN THE TRUVANI CASH BACK REWARDS PROGRAM, YOU AGREE TO ACCEPT THE CURRENT VERSION OF THE TRUVANI CASH BACK REWARDS CLUB TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE TRUVANI PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE, AND SHARE INFORMATION.

THESE TRUVANI CASH BACK REWARDS TERMS AND CONDITIONS ( "PROGRAM RULES") INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. IF YOU CHOOSE TO PARTICIPATE IN THE TRUVANI CASH BACK REWARDS PROGRAM ( "PROGRAM"), THESE PROGRAM RULES FORM A BINDING CONTRACT BETWEEN YOU AND NOMOLOTUS LLC D/B/A TRUVANI ( "TRUVANI").

TRUVANI RESERVES THE RIGHT TO UPDATE OR MODIFY THESE PROGRAM RULES AT ANY TIME. IF REQUIRED BY LAW, WE WILL PROVIDE NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED PROGRAM RULES, OR AS REQUIRED BY LAW. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE PROGRAM RULES WHENEVER YOU VISIT OUR WEBSITE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER WE MAKE CHANGES TO THE PROGRAM OR TO THESE PROGRAM RULES SIGNIFIES YOUR ACCEPTANCE OF SUCH CHANGES.

The Program

The Program is offered exclusively by Truvani (also referred to as “we,” “our,” or “us”) and provides an opportunity for Truvani customers (also referred to as “Member,” “you”, and “your”) to earn rewards on qualifying purchases. By participating in the Program agree to be bound by these Program Rules as they may change from time to time.

These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, including offers, rewards, and services, are subject to availability.

In all matters relating to the administration of the Program, Truvani’s decision will be final. Under no circumstances will Truvani be held liable for any delay, error, or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control.

You are responsible for reading, understanding, and remaining knowledgeable of the Program Rules, Truvani Privacy Policy, your account statements and available benefits, and other communications from Truvani (including any changes), in order to understand your rights, responsibilities, and status in the Program. If you have questions about the Program or these Program Rules, contact us at 1-888-878-8264.

You are responsible for any tax liability related to participation in the Program. Program is void where prohibited.

 

Changes to the Program or Your Membership

Except as otherwise expressly prohibited or limited by applicable laws, Truvani may at any time amend, modify, supplement, or terminate the Program, these Program Rules, the structure for earning benefits, or the structure of membership even if such changes may affect the value, ability to obtain, and/or availability of benefits. If notice of such action is required by law, it will be provided in accordance with such laws.

We reserve the right to cancel, suspend, or limit your participation in the Program in the event of fraud, abuse of benefits, violation of Program Rules or any applicable laws, or at our discretion. Any Program rewards in your account will become void at the time of cancellation.

If the Program is terminated for reasons other than the above, then, as permitted by law, all benefits, including rewards, will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period (if any notice is required by law).

We may revoke some or all of your rewards if we determine that you received them through error, fraud or deception, or in any manner not authorized.

Privacy

Any personal information you provide to Truvani in connection with the Program will be handled in accordance with the Truvani Privacy Policy, available at truvani.com/privacy. When you enroll in the Program and provide us your email address, you are opting in to receiving marketing emails from us. You may update your marketing email preferences at any time. See the Truvani Privacy Policy for more information on how to do so. Please note that even if you opt out of receiving marketing emails, you will continue to receive transactional and service-related emails from us regarding the Program.

 

PROGRAM ELIGIBILITY AND ENROLLMENT

Program membership is available to any United States resident who is at least eighteen (18) years old and provides valid and accurate information when enrolling. Membership is free and optional. No purchase required to sign up. Truvani may deny membership at its sole discretion and without written notice. Program enrollment and benefits are nontransferable, unless expressly stated otherwise.

Enrollment is open to Truvani customers who fill out the enrollment form available on the Truvani Website.

Limit 1 Program Membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in the Program, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number and updating email address and phone number used in the Program should either change.

Members must maintain an active Program membership to earn and redeem rewards. You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points.

EARNING REWARDS

To earn rewards, Members must make qualifying purchases from shop.truvani.com while signed into your online account.

The reward is the customer’s choice of either (a) a prepaid digital debit card in an amount equal to a percentage of the amount spent on merchandise in the qualifying purchase, or (b) a greater amount in the form of time-limited Truvani store credit you can spend with us in a later purchase (the “Rewards”).

Qualifying Purchases

After enrolling per above, you can earn Rewards on future purchases with us. A qualifying purchase is a non-discounted purchase of merchandise on the Truvani website.

Ineligible purchases include:

• Purchases prior to enrollment.
• Non-merchandise purchases, such as gift cards.
• Purchases of on sale items or where you apply a promo code. If you have a promo code, you must decide whether to use that promo code or to choose to receive your Rewards with your qualifying purchase.

For items purchased as part of the Truvani subscription program, the first shipped item is a qualifying purchase. Subsequent reoccurring orders and shipments are not eligible.

Reward Value

The reward will be fifteen percent (15%) the merchandise total price you pay, excluding sales tax, shipping, handling or other charges, or purchase of gift cards.

The rewards percentage is subject to change at any time in Truvani’s sole discretion. Changes may be communicated via email and/or posting on our site when a participating customer returns to shop.

Claiming Your Reward

After you make a qualifying purchase set forth above, you will be sent an email at the address associated with your account with us. The email will include your option to choose either the prepaid digital debit card or the higher-value, time-limited Truvani store credit for a future purchase with us. You must submit your selection from this email within six months after your purchase. Late submissions will not be accepted. If you do not submit a timely response with your choice, you will not receive a reward for the qualifying purchase.

After submission of your choice of prepaid debit card or time-limited credit – and only after the 30-day return period for your qualifying purchase has expired – we will send you your reward. Return of any item(s) from the qualifying purchase will cancel the Rewards offer as to the returned item(s).

If you choose the prepaid digital debit card, you will be sent an email with your digital debit card. If you choose the reward credit, we will send you an email with a code to use on a subsequent purchase.

Virtual Promotional GiveCard® Prepaid Cards: Your Virtual Promotional GiveCard® be used online, for phone/mail orders where Debit Mastercard is accepted in the United States and its territories. This card must be used within 6 months from the time you receive your link. Visit https://www.givecard.com/ for card usage details. Physical card available for $3 fee. Virtual card is issued by Sutton Bank, Member FDIC. No cash access or recurring payments. Valid for up to 6 months; unused funds will forfeit after the valid thru date. Terms and conditions apply.

This Offer is in no way sponsored, endorsed or administered by, or associated with, GiveCard, Mastercard, or their affiliates or subsidiaries.

Truvani shall not be held responsible for any delays for any reason. Truvani is not responsible for any undelivered e-mails, including, without limitation, e-mails that are not received because of privacy or spam filter settings which may divert any e-mail, including any Reward e-mail, to a spam or junk folder. Rewards that are unclaimed, unredeemed, or returned as undeliverable will not be re-awarded. Rewards are non-transferable and no substitution, exchange or cash equivalent will be allowed, except by Truvani, who reserves the right to substitute a Reward of equal or greater value in case of unavailability of the Reward or force majeure, at Truvani’s sole and absolute discretion. Truvani shall not be held responsible for any delays in awarding a Reward for any reason.

ADDITIONAL TERMS OF PARTICIPATION

Severability

If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Truvani’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Truvani from exercising any legal rights or remedies that it may have.

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your Program account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

LIMITATIONS OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TRUVANI, ITS AFFILIATES, VENDORS, PARTNERS AND SERVICE PROVIDERS INCLUDING BARCLAYS BANK DELAWARE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THIS PROGRAM IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO TRUVANI. WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

RELEASE OF LIABILITY:

BY AGREEING TO PARTICIPATE IN THE PROGRAM YOU RELEASE TRUVANI, ITS RESPECTIVE SUBSIDIARIES, DIVISIONS, AND AFFILIATE ENTITIES, ALONG WITH EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR MEMBERSHIP OR CARD ACCOUNT OR PARTICIPATION IN THE PROGRAM OR THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRUVANI, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE PROGRAM TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then the aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages.

Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER):

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

Arbitration Agreement

• Binding Individual Arbitration. Any dispute or claim arising out of or relating to the Program or your relationship with Truvani, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and Truvani agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Program Terms and Conditions (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Program Terms and Conditions. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Program Terms and Conditions; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Program Terms and Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Program Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
• Mandatory Informal Dispute Resolution Process. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Truvani agree to the following informal dispute resolution procedure before you or Truvani may initiate arbitration. In the event of any Dispute that arises between you and Truvani, the party asserting the Dispute shall first send written notice to the other party (by first class or registered mail) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a calculation for it; and (4) information sufficient to identify any account and transaction at issue. The notice must be personally signed by the party asserting the Dispute (and your or our counsel, if represented). Your notice to Truvani must be sent to: Truvani Legal Department, Attn: General Counsel, 848 N. Rainbow Blvd, Unit #8187, Las Vegas, NV 89107. Our notice to you must be sent to your last-used billing address or the billing and/or shipping address in your online profile. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Truvani. representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration only if the Dispute is not resolved through this Process.
• Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. Each party has the right to challenge the application of the AAA’s Consumer Arbitration Rules in connection with a Dispute as a threshold administrative issue. You and we understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocols and that this determination is final and neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to Truvani at: Truvani Legal Department, Attn: General Counsel, 848 N. Rainbow Blvd, Unit #8187, Las Vegas, NV 89107 and follow the AAA Rules for initiating arbitration. If Truvani is submitting an arbitration demand, we shall send it to your last-used billing address or the billing and/or shipping address in your online profile and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Truvani reserve the right to request a hearing in any matter from the arbitrator. You and a Truvani representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Program Terms and Conditions as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
• Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

• Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against Truvani by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

  • STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Truvani shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Truvani shall pay the mediator’s fee.

  • STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Truvani shall each select 25 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Truvani shall pay the mediator’s fee.

  • Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Programs Terms and Conditions. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Program Terms and Conditions.

• Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to Truvani’s contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change: Truvani Legal Department, Attn: General Counsel, 848 N. Rainbow Blvd, Unit #8187, Las Vegas, NV 89107 with a clear statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Truvani in accordance with this version of the arbitration agreement.

Class Action Waiver and Jury Trial Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

GOVERNING LAW AND VENUE:

Except with respect to the arbitration agreement, these Program Terms and Conditions and your participation in the Program are governed by the laws of the state of Nevada, without regard to Nevada’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in San Francisco County, California for purposes of any legal action arising out of or related to the Program or the Program Terms and Conditions, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.

TERMINATION:

You may terminate the Program Terms and Conditions at any time by cancelling your Membership. Truvani also may terminate these Program Terms at any time without notice, and accordingly may deny you Membership and access to the Program, if in our sole judgment you fail to comply with any term or provision of the Program Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Program Terms for all purposes.

SEVERABILITY AND SURVIVAL:

Except as otherwise provided herein, if any provision of the Program Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Program Terms and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions that, by their terms, survive any termination or expiration of the Program Terms, the following sections shall survive termination: (1) Limitation of Liability; (2) Release of Liability; (3) Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (4) Governing Law and Venue.

GENERAL:

The waiver of any provision of the Program Terms and Conditions shall not be considered a waiver of any other provision or of Truvani’s right to require strict observance of each of the terms herein. The Program Terms constitutes the entire agreement between us relating to your participation in the Program.

Customer Service

For questions or assistance, just contact customer support.

Effective as of July 10, 2025.