Terms of Service

Terms of Service

Last Updated: 11.11.2025.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and CAPNOS Inc. ("we," "us," or "our"), concerning your access to and use of the MyCapnos.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

By accessing the Site, you represent that you are at least the age of majority in your state or province of residence, and you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms.

2. Product and Health Disclaimers

This section is critical to your business.

• Not a Medical or Cessation Device: You acknowledge that the products sold on this Site are flavored, pressurized air inhalers designed as behavioral aids to assist with oral fixation. Our products are not medical devices, smoking cessation devices, nicotine replacement therapy, or e-cigarettes.

• No Medical Claims: We make no claims, express or implied, that our products will help you quit smoking, vaping, or any other habit. The products are not intended to diagnose, treat, cure, or prevent any disease, addiction, or condition.

• FDA Disclaimer: The statements and products on this Site have not been evaluated by the Food and Drug Administration (FDA) or any other health authority.

• Consult Your Physician: You should consult with a healthcare professional before using this product, especially if you are pregnant, nursing, or have a pre-existing health condition.

• Assumption of Risk: Your use of our products is at your own sole risk.

3. Terms of Sale

• Orders: We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product availability, errors in the description or price of the product, error in your order, or if fraud or an unauthorized or illegal transaction is suspected.

• Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. We use third-party payment processors to handle all payment transactions.

• Shipping: Shipping times are estimates and are not guaranteed. Risk of loss and title for all products pass to you upon our delivery to the shipping carrier.

• Returns and Refunds: We are committed to customer satisfaction. However, due to the oral nature of our products and for health and safety standards, we have a strict return policy.

  • Unopened Products: You may return any unopened and unused product at any time for a full 100% refund.

  • Opened Products: We cannot provide returns or refunds for any opened or unpackaged products.

  • Warranty & Issues: If you are unhappy with your purchase, experience a shipping-related issue, or have a warranty inquiry, please contact our customer service team directly at hello@mycapnos.com so we may review your case.

4. Intellectual Property Rights

Unless otherwise indicated, the Site and all its content, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• Use the Site for any illegal or unauthorized purpose.

• Use our products for any illegal or unauthorized purpose.

• Attempt to impersonate another user or person.

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.

6. Limitation of Liability

To the fullest extent permitted by law, in no event will CAPNOS Inc. or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or our products, even if we have been advised of the possibility of such damages.

Our total liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the product giving rise to the claim.

7. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your purchase or use of our products; or (3) your breach of these Terms of Service.

8. Governing Law and Dispute Resolution

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in Washtenaw County, Michigan. You consent to the jurisdiction of such courts and waive any objections to venue.

9. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on the Site and update the "Last Updated" date. Your continued use of the Site after such changes constitutes your acceptance of the new Terms.

10. Contact Information

If you have any questions or complaints about these Terms, please contact us at:

CAPNOS Inc. 4860 Washtenaw Avenue, STE I 486 Ann Arbor, MI 48108 Email: hello@mycapnos.com