TERMS AND CONDITIONS

Last Updated: July 16, 2026

These Terms and Conditions (these “Terms”) are a legally binding agreement between you and NEXTMARVEL, INC., a corporation (“NextMarvel,” “vooglam,” “we,” “us,” or “our”). They govern your access to and use of vooglam websites, mobile applications, software, digital tools and features, customer-service channels, and other online services that link to or expressly incorporate these Terms (collectively, the “Services”), and your purchase and use of eyewear and other products offered through the Services (“Products”).

IMPORTANT - CONTRACT FORMATION. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES AFTER THESE TERMS ARE POSTED OR OTHERWISE MADE AVAILABLE TO YOU, OTHER THAN SOLELY TO REVIEW THEM FOR THE FIRST TIME, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS DESCRIBED IN ARTICLE 1. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

IMPORTANT - ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. ARTICLE 17 REQUIRES MOST U.S. DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS AFTER THESE TERMS BECOME EFFECTIVE FOR YOU BY FOLLOWING SECTION 17.12.

Nothing in these Terms excludes, restricts, or modifies a consumer guarantee, statutory warranty, product-safety right, privacy right, accessibility right, health-data right, or other right or remedy that cannot lawfully be excluded, restricted, modified, or waived under Applicable Law.

ARTICLE 1 - ACCEPTANCE, EFFECTIVE DATE, AND CHANGES

1.1 Acceptance. You accept these Terms when you access or use the Services after they are posted or otherwise made available to you, other than solely to review them for the first time. Acceptance may also be evidenced by creating or signing into an Account, placing an Order, submitting a Prescription, uploading User Content, clicking a button, checking a box, electronically signing, enrolling in a program, or taking another affirmative action presented as acceptance.

1.2 Individual Effective Date. The date on which these Terms become effective for you is your “Individual Effective Date.”

(a) First Use. If you access or use the Services after these Terms are posted or otherwise made available to you, other than solely to review them for the first time, your Individual Effective Date is the date of that first access or use.

(b) Express Acceptance. If you expressly accept these Terms through a click, checkbox, electronic signature, Account action, Order, or other affirmative assent mechanism, your Individual Effective Date is the date of that acceptance unless a later date is expressly stated.

(c) No Use During the First Sixty Days. If you do not access or use the Services during the sixty (60) days after these Terms are posted or otherwise made available to you, these Terms become effective for you on the sixtieth (60th) day after that date, but only to the extent permitted by Applicable Law and any agreement already governing your relationship with us.

(d) Legally Required Assent. If Applicable Law requires a different or additional form of notice or assent for these Terms or a particular provision, the relevant Terms or provision becomes binding only through a legally sufficient mechanism.

1.3 If You Do Not Agree. If you do not agree to these Terms, do not use the Services after they are posted or otherwise made available to you. Stopping use does not affect rights or obligations that accrued while prior terms or these Terms were in effect, including obligations relating to Orders, payments, returns, warranties, misuse, intellectual property, or disputes.

1.4 Changes. We may revise these Terms to reflect changes in law, regulation, Products, Services, business operations, technology, security, payment or fulfillment methods, marketing practices, dispute procedures, or other legitimate business needs. For material revisions, we will provide notice by email, Account notice, in-product notice, Website notice, checkout notice, or another reasonable method permitted by Applicable Law. Unless the applicable notice states a different mechanism, revised Terms become effective under Sections 1.1 and 1.2.

1.5 Filed Disputes. A revision will not retroactively change the dispute-resolution terms governing a dispute formally filed in court or arbitration before the revision became effective for you, unless the parties expressly agree or Applicable Law requires or permits a different result.

1.6 Supplemental Terms. Additional terms may govern particular Products, promotions, loyalty programs, subscriptions, payment methods, mobile features, prescription services, or jurisdictions (“Supplemental Terms”). Mandatory Applicable Law controls first, followed by applicable Supplemental Terms, these Terms, and then general Website or help-center content, unless expressly stated otherwise.

ARTICLE 2 - DEFINITIONS, CONTRACTING PARTY, AND RELATED POLICIES

2.1 Definitions. “Account” means a registered user account. “Applicable Law” means laws, regulations, binding rules, and legally enforceable governmental requirements applicable to a person, transaction, Product, Service, or jurisdiction. “Consumer” means an individual acting primarily for personal, family, or household purposes. “Order” means a request to purchase a Product. “Personal Information” has the meaning assigned by applicable privacy law. “Prescription” means prescription and related optical information submitted for prescription eyewear. “User Content” means content submitted by a user. “Virtual Try-On” means any image-, camera-, facial-geometry-, measurement-, styling-, fit-, recommendation-, or simulation-based feature.

2.2 Contracting Party. Unless a checkout flow, Order confirmation, Supplemental Term, or legally required disclosure expressly identifies a different seller or contracting entity for a particular transaction, NextMarvel is the contracting party under these Terms and the seller of Products purchased through the Services.

2.3 Related Policies. The Privacy Notice, Cookie Notice, Shipping and Returns Policy, Warranty Policy, Accessibility Statement, SMS terms, and Product- or jurisdiction-specific terms referenced in the Services govern the relevant subject matter. They modify these Terms only where expressly identified as Supplemental Terms.

ARTICLE 3 - ELIGIBILITY, ACCOUNTS, AND SECURITY

3.1 Age and Capacity. You must have reached the age of majority in your jurisdiction to enter into these Terms and place an Order. A parent or legal guardian may use the Services and place an Order for a minor and is responsible for reviewing these Terms and providing required authorizations.

3.2 Authority. If you use the Services for another person or an organization, you represent that you are authorized to act for that person or organization and to provide submitted information.

3.3 Account Information. You must provide accurate, current, and complete Account information and update it when necessary. You are responsible for errors, delays, failed notices, misdelivery, or prescription-processing issues caused by inaccurate, outdated, incomplete, or unauthorized information you provide, except as Applicable Law provides otherwise.

3.4 Security. You are responsible for safeguarding credentials, authentication codes, and devices. Promptly notify us of suspected unauthorized access to your Account, payment method, Prescription, or Personal Information. Account activity may be treated as authorized where reasonably supported by the circumstances, subject to Applicable Law.

3.5 Suspension and Closure. We may suspend, restrict, or close an Account where reasonably necessary to prevent fraud, protect users, preserve security or platform integrity, comply with law, administer Product safety, or enforce these Terms. This does not eliminate mandatory rights concerning an accepted Order, refund, warranty, or Product.

ARTICLE 4 - ELECTRONIC CONTRACTING, COMMUNICATIONS, AND RECORDS

4.1 Electronic Communications. You consent to receive electronic communications concerning Accounts, Orders, Prescriptions, Products, payments, shipping, returns, warranties, recalls, safety, fraud prevention, security, customer support, policy updates, and legal notices. Marketing Communications are governed by Article 12 and point-of-consent disclosures.

4.2 Delivery. We may deliver communications to contact information associated with you, through the Services, or by in-product, Website, checkout, postal, or other legally sufficient notice. Legal effect depends on these Terms, the notice, the delivery method, and Applicable Law. This does not eliminate any requirement for conspicuous notice or affirmative assent.

4.3 Signatures and Records. A click, checkbox, button press, typed name, electronic signature, or similar acknowledgment may constitute your electronic signature. We may create and retain electronic records of Terms versions, notices, acceptance, Orders, Prescriptions, consents, opt-outs, payments, returns, communications, and disputes in accordance with Applicable Law and privacy notices.

4.4 Paper Copies and Withdrawal. Where required by law, you may request a paper copy of a legally required electronic communication or withdraw consent to electronic delivery by contacting us. Withdrawal may affect your ability to use certain Services but does not affect communications validly provided before withdrawal.

ARTICLE 5 - WEBSITE AND MOBILE APPLICATION LICENSE

5.1 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for lawful personal use and to use a mobile application on a device you own or control, subject to applicable app-store rules.

5.2 Updates and Compatibility. We may provide updates, patches, or changes. Features may vary by device, operating system, country, app-store requirements, or technical compatibility. You are responsible for internet, carrier, device, and app-store charges.

5.3 Apple App Store. If you obtained an application through Apple’s App Store: these Terms are between you and NextMarvel, not Apple; Apple has no maintenance or support obligation; NextMarvel, not Apple, is responsible for the application and claims relating to it; you must comply with Apple’s usage rules; and Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it.

5.4 Other App Stores. If you obtained an application from another app store, you must comply with its applicable terms. The app-store provider is not a party to these Terms except as its terms expressly provide.

ARTICLE 6 - ACCEPTABLE USE AND PLATFORM PROTECTION

6.1 Lawful Use. You may use the Services only lawfully and in accordance with these Terms and Supplemental Terms.

6.2 Prohibited Conduct. You must not commit fraud, impersonate another person, submit false or unauthorized information, harass or harm others, infringe rights, manipulate promotions or returns, initiate improper chargebacks, engage in unauthorized resale, interfere with another user, or violate Applicable Law.

6.3 Security Restrictions. You must not probe, scan, test, reverse engineer, decompile, disassemble, bypass authentication, circumvent access controls, interfere with security or logging, introduce malicious code, exploit vulnerabilities, or impair the Services.

6.4 Scraping and Automated Access. Except as expressly authorized in writing or permitted by non-waivable law, you must not use robots, crawlers, scrapers, automated agents, browser automation, unauthorized APIs, data-mining tools, or similar means to access, collect, copy, monitor, extract, index, or reproduce the Services or Company Content.

6.5 Artificial Intelligence Use. Except as expressly authorized in writing or permitted by non-waivable law, you must not use Company Content, Product data, prices, images, reviews, descriptions, measurements, taxonomies, interfaces, Virtual Try-On outputs, or Service data to train, fine-tune, evaluate, validate, benchmark, operate, or improve an AI or machine-learning system, create a dataset or embedding, or develop a competing service.

6.6 Enforcement. We may investigate suspected violations and take proportionate action, including restricting access, disabling credentials, canceling fraudulent Orders, preserving evidence, or pursuing legal remedies.

ARTICLE 7 - INTELLECTUAL PROPERTY AND COPYRIGHT COMPLAINTS

7.1 Ownership. The Services and all text, software, interfaces, designs, graphics, photographs, videos, Product images, trademarks, logos, trade dress, databases, taxonomies, recommendation systems, Virtual Try-On technology, and other content made available by or for us (“Company Content”) are owned by or licensed to NextMarvel and protected by law.

7.2 Restrictions. Except for the license in Article 5, no right or license is granted. You may not reproduce, distribute, publish, display, modify, adapt, translate, create derivative works from, frame, mirror, sell, license, or commercially exploit Company Content without prior written authorization or a right granted by non-waivable law.

7.3 Trademarks. Vooglam, NextMarvel, associated logos, Product names, slogans, domain names, and trade dress may not be used without prior written permission. No license is granted by implication, estoppel, or otherwise.

7.4 DMCA Notices. A copyright owner or authorized agent who believes material on the Services infringes a U.S. copyright may submit a notice satisfying 17 U.S.C. § 512(c)(3) to: Legal Department, NEXTMARVEL, INC., 5900 Balcones Drive Suite 100 Austin TX 78731 USA; Email: support@vooglam.com. We may remove or restrict material and terminate repeat infringers where appropriate.

ARTICLE 8 - USER CONTENT, REVIEWS, AND FEEDBACK

8.1 Responsibility. You are responsible for User Content and represent that you have all rights, permissions, and authority necessary to submit it. User Content must not be unlawful, deceptive, defamatory, obscene, abusive, discriminatory, infringing, invasive of privacy, fraudulent, malicious, or unsafe.

8.2 Reviews and Endorsements. Reviews, ratings, testimonials, photographs, and endorsements must reflect your honest opinion and actual experience. Disclose material connections, incentives, free Products, discounts, employment, affiliate relationships, or other relationships where required by law.

8.3 License. You grant NextMarvel a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, adapt, publish, display, distribute, and otherwise use User Content in connection with operating, improving, promoting, and protecting the Services. The license lasts for the period reasonably necessary for those purposes, subject to non-waivable rights and privacy notices.

8.4 Moderation. We may remove, refuse, restrict, label, preserve, or disclose User Content where reasonably necessary to enforce these Terms, comply with law or legal process, administer Product safety, investigate fraud, protect users, or protect rights.

8.5 Feedback. If you voluntarily provide ideas, suggestions, enhancement requests, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate it without restriction or compensation, subject to privacy notices.

ARTICLE 9 - PRODUCTS, PRESCRIPTIONS, AND DIGITAL VISION FEATURES

9.1 Product Information. We use commercially reasonable efforts to display Product descriptions, images, colors, measurements, lens options, materials, availability, and prices accurately. Displays and simulations may vary because of device settings, lighting, facial geometry, browser environment, Prescription strength, lens type, and manufacturing tolerances.

9.2 No Medical Advice. The Services, Product information, fit tools, lens suggestions, educational content, and customer support do not provide medical advice, diagnosis, treatment, eye examinations, or emergency care and do not replace consultation with a licensed eye-care professional.

9.3 Prescription Representations. When you submit a Prescription, you represent that it belongs to the intended wearer, was issued by an appropriately licensed eye-care professional where required, has not been altered or fabricated, is valid and unexpired where required, and may lawfully be used to manufacture or fulfill the requested Product.

9.4 Verification. You authorize us and service providers acting for us to verify Prescription information through lawful methods, including requesting documentation, contacting an eye-care professional, comparing submitted fields, or requesting confirmation. We may delay, reject, request clarification for, or cancel an Order where the Prescription is incomplete, illegible, inconsistent, expired, suspected fraudulent, outside supported parameters, or incompatible with the Product.

9.5 Measurements. You are responsible for accurate pupillary distance and other requested measurements. Measurement tools and instructions are for convenience and do not replace professional measurement where required or advisable.

9.6 Processing Roles. Different entities or service providers may receive or transmit Prescription information, verify information, manufacture lenses, assemble eyewear, conduct quality control, fulfill Orders, or provide support. An entity’s identity and role will be disclosed where required by Applicable Law. Performing an operational function does not, by itself, constitute medical or professional eye-care services.

9.7 Virtual Try-On and AI Features. Virtual Try-On and image-, fit-, styling-, recommendation-, or measurement-based features produce estimates or simulations. Outputs may be inaccurate or incomplete and do not guarantee fit, appearance, Prescription compatibility, medical suitability, Product availability, or manufacturing results.

9.8 Regulatory and Safety Changes. Eyewear may be regulated differently by jurisdiction. We may modify Product availability, claims, labels, instructions, traceability, fulfillment, or configurations where reasonably necessary to comply with law or Product-safety requirements.

ARTICLE 10 - ORDERS, PRICING, PAYMENT, AND PROMOTIONS

10.1 Offer and Acceptance. By submitting an Order, you offer to purchase the selected Product subject to these Terms and disclosed checkout terms. An acknowledgment confirms receipt but is not acceptance. We accept an Order when we expressly confirm acceptance, ship the Product, or otherwise indicate acceptance. We may decline or cancel before acceptance.

10.2 Availability. Products are subject to availability. We may limit quantities, restrict destinations, discontinue Products, or decline or cancel Orders affected by inventory, legal restrictions, incorrect listings, suspected fraud, or inability to fulfill.

10.3 Prices and Errors. Prices may vary by jurisdiction, currency, channel, promotion, Product configuration, lens selection, Prescription complexity, destination, tax, duty, or Account status. If a material price, Product, promotion, inventory, tax, or other term is erroneous, we may correct it and, before acceptance, cancel the affected Order or ask you to confirm at corrected terms. If payment was collected for a canceled Order, we will issue the required refund.

10.4 Payment. You authorize us and payment processors to charge the payment method you provide for amounts disclosed at checkout. You represent that you are authorized to use the method. We may use fraud-prevention and payment-verification controls.

10.5 Taxes and Customs. You are responsible for applicable taxes, duties, import fees, brokerage charges, and governmental assessments except where we are required to collect and remit them. Customs authorities may inspect, delay, hold, assess, reject, or seize international shipments.

10.6 Promotions. Coupons, discounts, referral credits, rewards, gift cards, bundles, free-shipping offers, and similar benefits are subject to disclosed terms. They may be limited by jurisdiction, Product, Account, Order value, or expiration and may not be combined unless expressly stated. We may cancel benefits obtained through fraud, abuse, or material error.

10.7 FSA, HSA, Insurance, and Benefits. Information about spending accounts, vision insurance, reimbursement, or employee benefits is for convenience and is not tax, insurance, medical, or legal advice. Eligibility, substantiation, coverage, and reimbursement are determined by the applicable plan, insurer, administrator, employer, and law.

ARTICLE 11 - SHIPPING, RETURNS, REFUNDS, WARRANTIES, AND PRODUCT SAFETY

11.1 Shipping and Delivery. Shipping methods, carriers, fees, and delivery estimates may vary by Product, Prescription complexity, inventory, destination, customs, weather, holidays, fraud review, and other factors. Delivery dates are estimates unless expressly guaranteed.

11.2 Title and Risk. Title and risk of loss pass as stated at checkout or under Applicable Law. Nothing limits statutory delivery, conformity, refund, or risk-of-loss rights that cannot be waived.

11.3 Delivery Issues. Promptly notify us of missing, damaged, incorrect, delayed, misdelivered, or undeliverable Products and reasonably cooperate with an investigation, including photographs, carrier information, or address confirmation.

11.4 Returns and Exchanges. Returns, exchanges, remakes, refunds, and store credits are governed by the Shipping and Returns Policy applicable when your Order is accepted. Prescription, customized, hygiene-sensitive, final-sale, worn, altered, or damaged Products may be subject to different rules, subject to mandatory rights.

11.5 Refunds. Refund method and timing may depend on the original payment method, processor rules, inspection, carrier status, fraud review, and settlement cycles. Shipping charges, duties, taxes, promotional benefits, rewards, and bundled discounts will be handled as disclosed and required by law.

11.6 Voluntary Warranty. Any voluntary warranty is governed by the Warranty Policy or Product-specific terms applicable at purchase. Coverage may exclude misuse, alteration, unauthorized repair, normal wear, cosmetic damage, loss, theft, improper care, Prescription changes, user-provided measurement errors, or damage outside stated conditions.

11.7 Safety and Recalls. We may issue safety notices, field corrections, recall communications, repair or return instructions, replacements, refunds, or corrective actions. You agree to follow reasonable safety instructions and provide information reasonably necessary to identify affected Products and complete corrective action.

11.8 Mandatory Rights. The Shipping and Returns Policy and voluntary warranties supplement, and do not replace, cancellation, withdrawal, conformity, statutory warranty, repair, replacement, refund, Product-safety, recall, or defective-Product rights that cannot lawfully be excluded, restricted, or modified.

ARTICLE 12 - MARKETING AND SERVICE COMMUNICATIONS

12.1 Separate Consent. These Terms do not, by themselves, constitute consent to receive marketing calls, texts, emails, or push notifications where separate consent is required. Marketing Communications may be sent only as permitted by Applicable Law and the applicable point-of-consent disclosure. Marketing consent is not a condition of purchase unless lawfully stated otherwise.

12.2 Email. Marketing emails may include promotions, recommendations, loyalty messages, cart reminders, re-engagement messages, surveys, and referrals. Required sender identification and unsubscribe mechanisms will be provided.

12.3 SMS and MMS. An SMS or MMS program is governed by the disclosure presented when you enroll and any linked SMS Supplemental Terms. Applicable disclosures may address sender identity, marketing purpose, automated technology, variable frequency, message and data rates, consent not being a condition of purchase, STOP, HELP, and privacy information.

12.4 Telephone and Automated Communications. Where permitted by law and supported by required consent, we or service providers acting on our behalf may place calls using automated systems, artificial or prerecorded voice, or similar technology for marketing, service, support, fraud prevention, Prescription, Order, safety, or customer-service purposes.

12.5 Transactional and Legal Communications. Order confirmations, shipping updates, Prescription requests, Account notices, authentication messages, security alerts, payment notices, return updates, warranty communications, safety or recall notices, policy notices, and support responses are not marketing merely because they are sent electronically or by telephone.

12.6 Opt-Out and Revocation. You may opt out or revoke marketing consent through the method provided for the channel, including unsubscribe links, STOP replies, preference settings, device settings, or customer support. We will process requests within the period required by law and may continue non-marketing communications where permitted.

12.7 Records. We may maintain records reasonably necessary to administer communications and document consent, preferences, revocation, opt-out, suppression, disclosure versions, source information, and timestamps, subject to privacy notices.

ARTICLE 13 - PRIVACY, COOKIES, AND SENSITIVE FEATURES

13.1 Privacy Notices. Our collection, use, disclosure, retention, security, transfer, and other processing of Personal Information are governed by the applicable Privacy Notice and jurisdiction-specific disclosures. These Terms do not independently expand those permissions.

13.2 Cookies. Cookies, pixels, SDKs, local storage, analytics, advertising technologies, and similar technologies are governed by the Cookie Notice and available consent or preference tools.

13.3 Health Data and Virtual Try-On. Consumer health data, Prescription information, facial geometry, measurement outputs, and Virtual Try-On information are governed by applicable privacy, health-data, biometric, or Virtual Try-On notices and Applicable Law.

13.4 Information About Others. You must have appropriate authority to submit information about another person, including a minor, dependent, family member, employee, patient, or intended wearer.

13.5 Privacy Rights. Privacy-rights requests must be submitted through the methods described in the applicable Privacy Notice. We may verify identity, authority, jurisdiction, Account control, or request scope as permitted by law.

ARTICLE 14 - THIRD-PARTY SERVICES AND LINKS

14.1 Third-Party Services. The Services may interact with app stores, payment processors, carriers, laboratories, insurers, benefit administrators, social-media services, mapping services, identity-verification providers, or other third-party services. Their services may be governed by separate terms and privacy notices.

14.2 Links. Links to third-party websites or services are for convenience. We do not control or endorse them merely by linking and are not responsible for their content, availability, security, or practices, except to the extent we expressly assume responsibility or law provides otherwise.

14.3 Third-Party Products. Manufacturer or third-party warranties, licenses, or terms may apply to branded Products, components, or features. Those terms apply between you and the relevant provider to the extent stated, without reducing mandatory rights or obligations we owe as seller.

ARTICLE 15 - DISCLAIMERS

15.1 As Is and As Available. EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE PRODUCT TERMS, WARRANTY TERMS, OR MANDATORY LAW, THE SERVICES, COMPANY CONTENT, DIGITAL TOOLS, VIRTUAL TRY-ON, MEASUREMENT TOOLS, RECOMMENDATIONS, AND SUPPORT CHANNELS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

15.2 No Professional Relationship. Unless expressly stated in separate professional terms, the Services do not provide medical examinations, diagnosis, treatment, disease screening, emergency care, or Prescription issuance and do not create a doctor-patient, optometrist-patient, optician-client, fiduciary, or professional advisory relationship.

15.3 Technical Limitations. To the extent permitted by law, we do not warrant that the Services will be uninterrupted, error-free, compatible with every device, available in every jurisdiction, or immune from security incidents or harmful components.

15.4 Display and Fit. Product colors, dimensions, fit, lens appearance, thickness, Prescription compatibility, simulations, measurements, and delivery estimates may differ from online displays or estimates.

15.5 Mandatory Rights. Nothing in this Article excludes or limits warranties, guarantees, Product-safety duties, Product-liability rights, or remedies that cannot lawfully be excluded or limited.

ARTICLE 16 - LIMITATION OF LIABILITY AND INDEMNIFICATION

16.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTMARVEL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR MULTIPLE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES.

16.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, NEXTMARVEL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PARTICULAR PRODUCT, ORDER, SERVICE, OR EVENT GIVING RISE TO THE CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NEXTMARVEL FOR THE PRODUCT OR SERVICE DIRECTLY GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT OR (B) USD $100.

16.3 Non-Excludable Liability. Sections 16.1 and 16.2 do not apply to death or personal injury caused by negligence where liability cannot be limited, fraud or fraudulent misrepresentation, willful misconduct where non-waivable, mandatory Product liability, statutory consumer guarantees, recall obligations, or any liability that cannot lawfully be limited or excluded.

16.4 Indemnification. To the fullest extent permitted by Applicable Law, you will indemnify, defend, and hold harmless NextMarvel and its directors, officers, employees, and agents from third-party claims, losses, liabilities, damages, penalties, costs, and reasonable attorneys’ fees arising from your material breach, unlawful misuse, infringement by User Content, knowingly false or unauthorized Prescription information, unauthorized resale or export, or violation of another person’s rights.

16.5 Consumer Limitation. Section 16.4 applies to a Consumer only to the extent permitted by Applicable Law and does not waive a non-waivable consumer right or impose an indemnity prohibited by mandatory law.

ARTICLE 17 - DISPUTE RESOLUTION FOR U.S. USERS

PLEASE READ THIS ARTICLE CAREFULLY. EXCEPT FOR CLAIMS DESCRIBED BELOW AND UNLESS YOU TIMELY OPT OUT, YOU AND NEXTMARVEL AGREE TO RESOLVE COVERED DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. YOU AND NEXTMARVEL ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AND, FOR NON-ARBITRATED DISPUTES, THE RIGHT TO A JURY TRIAL.

17.1 Application. This Article applies to users and transactions in the United States and to any other user or transaction where the Federal Arbitration Act and this Article may lawfully apply. For users elsewhere, Article 18 and mandatory local law apply.

17.2 Covered Disputes. “Covered Dispute” means any dispute, claim, action, or controversy between you and NextMarvel arising out of or relating to the Services, Products, Orders, Accounts, Communications, User Content, privacy notices to the extent contractually arbitrable, Supplemental Terms, these Terms, or the parties’ relationship, under any legal theory and whether arising before or after these Terms become effective, except as expressly excluded below.

17.3 Notice and Informal Resolution. Before filing arbitration or litigation, the claimant must send a written Notice of Dispute identifying the claimant, describing the facts and requested relief, and providing information reasonably sufficient to evaluate the claim. Send notices to support@vooglam.com and NEXTMARVEL, INC., 5900 Balcones Drive Suite 100 Austin TX 78731 USA, Attn: Legal. We will send notices to your last known contact information. The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt. This process is a condition precedent to arbitration, except where emergency relief, small-claims relief, or Applicable Law permits otherwise. Limitation periods are tolled during that period to the extent permitted by law.

17.4 Individual Arbitration. Except for claims covered by Section 17.6, you and NextMarvel agree that Covered Disputes will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules in effect when the demand is filed. If AAA is unavailable or declines administration and the parties cannot agree on another provider, a court of competent jurisdiction may appoint an administrator consistent with this Article.

17.5 FAA and Delegation. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs interpretation and enforcement. The arbitrator, not a court, will decide disputes concerning interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the validity or enforceability of Section 17.8 and whether Section 17.9 applies.

17.6 Exceptions. Either party may bring an individual claim in small claims court if it qualifies and remains there. Nothing prevents reporting to a government agency, seeking emergency temporary relief to preserve the status quo pending arbitration, or seeking relief that cannot lawfully be arbitrated, including public injunctive relief where non-waivable. NextMarvel may seek court relief to protect intellectual property, confidential information, platform or data security, user safety, fraud controls, sanctions compliance, or unauthorized access.

17.7 Procedures and Location. Arbitration may be conducted remotely, by telephone, video conference, written submissions, or in the county where you reside, as permitted by AAA rules and determined by the arbitrator. The arbitrator may award the same individual remedies a court could award under Applicable Law but may not award relief for non-parties. The arbitrator will issue a reasoned written decision.

17.8 Class and Representative Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEXTMARVEL AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, OR CLASS-ARBITRATION PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT CLAIMANT’S CLAIM.

17.9 Coordinated and Mass Arbitration. If twenty-five (25) or more substantially similar demands are asserted against NextMarvel within a 180-day period by or with the assistance of the same or coordinated counsel or organizations, the demands will be administered under AAA’s applicable mass-arbitration procedures. The parties agree to reasonable batching, staged filing fees, bellwether proceedings, mediation, sequencing, and administrative conferences authorized by those procedures while preserving individualized adjudication. Section 17.3 must be completed for each claimant.

17.10 Fees and Attorneys’ Fees. Consumer filing and administrative fees will be allocated under AAA rules and Applicable Law. Each party bears its own attorneys’ fees unless a fee-shifting statute, AAA rule, settlement, or award provides otherwise. The arbitrator may impose sanctions available under applicable rules for frivolous or improper submissions.

17.11 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEXTMARVEL WAIVE ANY RIGHT TO A JURY TRIAL FOR A DISPUTE THAT IS NOT ARBITRATED OR FOR WHICH THE ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE. THIS WAIVER IS INDEPENDENT OF THE AGREEMENT TO ARBITRATE.

17.12 Right to Opt Out. You may opt out of Sections 17.4, 17.5, 17.8, 17.9, and 17.11 by submitting a valid written opt-out notice within thirty (30) days after your Individual Effective Date.

(a) Method. You must submit your opt-out notice by either of the following methods:

By email: support@vooglam.com

Online: https://www.vooglam.com/dispute-resolution-application

(b) Required Information. The notice must clearly state that you are opting out of the arbitration agreement, class action waiver, coordinated and mass arbitration procedures, and jury trial waiver; identify these Terms; include your full legal name, the email address associated with your Account, if any, and current mailing address; state, to the best of your knowledge, your Individual Effective Date; and be signed by you, including by typed full legal name or electronic signature.

(c) Representatives. A notice submitted by another person must include reasonable evidence of legal authority to act for you.

(d) Effect. A timely and valid opt-out affects only the identified provisions and does not affect the rest of these Terms. If you opt out, disputes will be resolved under Section 17.14 and Applicable Law.

17.13 Severability and Survival. If a provision of this Article is invalid or unenforceable, it will be enforced to the maximum extent permitted and severed where lawful. If Section 17.8 is held unenforceable as to a particular class or representative proceeding and cannot be severed, Sections 17.4 and 17.9 do not apply to that proceeding unless Applicable Law requires otherwise. This Article survives Account closure, Order completion, termination, and discontinuation for disputes governed by it.

17.14 Governing Law and Courts. These Terms are governed by New Jersey law, without regard to conflict-of-laws rules, except to the extent the FAA or another Applicable Law governs. If a Covered Dispute is not arbitrated, judicial proceedings must be brought in state or federal courts located in New Jersey, to the extent permitted by Applicable Law. Each party consents to personal jurisdiction and waives venue and inconvenient-forum objections to the extent permitted.

ARTICLE 18 - USERS OUTSIDE THE UNITED STATES AND MANDATORY LOCAL LAW

18.1 Mandatory Rights. If you are a Consumer outside the United States, nothing deprives you of mandatory law of your habitual residence, including consumer, e-commerce, Product-safety, statutory-warranty, privacy, accessibility, or dispute-resolution rights.

18.2 Choice of Law. The New Jersey choice-of-law provision applies only to the extent it does not deprive a Consumer of mandatory protections that would otherwise apply. A court or authority may apply mandatory local law notwithstanding these Terms.

18.3 Jurisdiction. Any exclusive forum provision applies only to the extent permitted by mandatory law. A Consumer may have the right to bring proceedings in courts of the Consumer’s residence or another forum provided by law.

18.4 Translations. Translations are for convenience unless a jurisdiction-specific version expressly states that it controls. Where mandatory law requires a local-language agreement to control, that version controls for the relevant jurisdiction.

ARTICLE 19 - SERVICE CHANGES, TERMINATION, AND SURVIVAL

19.1 Service Changes. We may modify, suspend, or discontinue a Service, feature, Product, promotion, or market where reasonably necessary for business, technical, legal, regulatory, security, or Product-safety reasons. We will not use this right to avoid obligations relating to accepted Orders or mandatory rights.

19.2 Termination by You. You may stop using the Services and may request Account closure through available Account or customer-service methods, subject to retention and continuing obligations permitted by law.

19.3 Termination by Us. We may terminate access for material breach, fraud, unlawful conduct, security risk, or other grounds described in these Terms. Where reasonably practicable and legally appropriate, we may provide notice and an opportunity to address the issue.

19.4 Survival. Provisions that by their nature should survive do survive, including provisions concerning ownership, licenses, payments, returns and chargebacks, disclaimers, liability, indemnification, disputes, records, regulatory cooperation, and accrued rights or obligations.

ARTICLE 20 - GENERAL PROVISIONS AND CONTACT INFORMATION

20.1 Entire Agreement. These Terms and incorporated Supplemental Terms constitute the entire agreement between you and NextMarvel concerning the Services and supersede prior or contemporaneous understandings concerning the same subject matter. General Website content, advertisements, customer-service statements, or course of dealing do not modify these Terms unless expressly incorporated or agreed in writing by an authorized officer.

20.2 Interpretation. Headings are for convenience. “Including” means “including without limitation.” “Or” is not exclusive. References to laws include amendments, successors, implementing measures, and replacements. Discretion under these Terms will be exercised in good faith and subject to Applicable Law.

20.3 Severability. Except as specifically provided in Article 17, if a provision is invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain effective.

20.4 Assignment. You may not assign or delegate rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate restructuring, change in control, or transfer of the Services, provided mandatory consumer rights are not impaired.

20.5 Waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and signed by the party against whom it is asserted.

20.6 Force Majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, labor disputes, war, civil unrest, public-health events, supply-chain disruption, carrier or customs delays, cyber incidents, payment-network disruption, government action, regulatory intervention, or utility or internet failure, except where Applicable Law provides otherwise.

20.7 Notices and Records. Notices to NextMarvel must be sent through the method designated in these Terms or Supplemental Terms. Notices to you may be provided through the Services, Account notice, email, postal mail, in-product notice, Website notice, checkout notice, or other legally sufficient means. We may retain records of the Terms version, posting and notice dates, delivery method and status where available, access or use following notice, acceptance, Individual Effective Date, and opt-out request.

20.8 Contact. Questions about these Terms may be sent to support@vooglam.com. Privacy questions and requests should be submitted through the Privacy Notice or to support@vooglam.com. NEXTMARVEL, INC., 5900 Balcones Drive Suite 100 Austin TX 78731 USA.