Terms of Use – GDX LAB, INC.

## Effective Date: 2024-07-30

The following terms apply to all websites, domains, services, applications, and products (“Websites”) owned and operated by GDX Lab Inc. and its subsidiaries, collectively referred to as (“GDX Lab Inc.”).

### Legal Notice

The materials on all GDX Lab Inc. Websites are provided as a service to its customers and the general public for informational purposes only. By accessing these sites and/or downloading materials, you agree to these terms. If you do not agree, do not use or download any materials from these sites.

### Use of Personally Identifiable Information

Information submitted to GDX Lab Inc. through our Websites is governed by the GDX Lab Inc. Website Privacy Policy.

### No Unlawful or Prohibited Use

As a condition of using the GDX Lab Inc. Websites, you agree not to use the Websites for any unlawful purpose or any purpose prohibited by these Terms of Use. You may not use the Websites in any manner that could damage, disable, overburden, or impair them, or interfere with any other party’s use and enjoyment of the Websites. No content from these sites may be downloaded or exported in violation of United States law.

### Personal and Non-Commercial Use

The GDX Lab Inc. Websites are for your personal and non-commercial use. The Websites and their content are protected by United States copyright law. Except as specifically permitted, you may not modify, distribute, transmit, display, publish, reproduce, license, create derivative works from, or sell any information obtained from the Websites.

### About Links to Other Websites

Our Websites contain hyperlinks to websites owned and/or controlled by parties other than GDX Lab Inc. These links are provided for your convenience, and GDX Lab Inc. does not endorse, warrant, or guarantee the products, services, or information described or offered at these other websites. GDX Lab Inc. has no control over the content on these websites. Access to any other website is at your own risk, and GDX Lab Inc. is not responsible for the completeness, accuracy, or reliability of any information, data, opinions, advice, or statements made on these websites.

### Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to our Websites are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication of any such matters or any part of our Websites, except as specifically allowed, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through our Websites. The posting of information, content, or materials on our Websites does not constitute a waiver of any rights in such information and materials. Some of the content on the Websites is the copyrighted work of third parties.

### Trademarks

Unauthorized use of any GDX Lab Inc. trademark, service mark, or logo may violate federal and state trademark law. Products, service marks, or logos referenced by the GDX Lab Inc. Websites are either trademarks or registered trademarks of GDX Lab Inc. and/or its affiliates in the United States and other countries. Other trademarks, product marks, or logos are the property of their respective owners.

### GDX Lab Inc. Websites Do Not Provide Medical or Professional Services Advice

Much of the information on the GDX Lab Inc. Websites is presented for general education about genetic testing, predictive and personalized medicine products, pharmacogenomics, genomic research, and other general information concerning GDX Lab Inc. Nothing contained in the Websites is intended as instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied upon to suggest a course of treatment for any individual. Information received from the Websites should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not replace a visit, call, consultation, or advice of your healthcare professional or other qualified provider. Should you have any health care-related questions, consult with your healthcare professional promptly. The information on the Websites is compiled from various sources (“Information Providers”). Neither the Websites nor the Information Providers practice medicine, render medical advice, or dispense medical services as part of the Websites.

### No Warranties

GDX LAB INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND ACCURACY OF THE INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE GDX LAB INC. WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GDX LAB INC. HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

### Limitation of Liability

IN NO EVENT SHALL GDX LAB INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY CLAIM FOR LOST DATA OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GDX LAB INC. WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GDX LAB INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

### Indemnification

You agree to indemnify, defend, and hold GDX Lab Inc. and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly from (i) your breach of any provision of these Terms of Use or (ii) your activities in connection with the Websites.

### Governing Law, Submission to Jurisdiction, and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah without regard to its choice of law provisions, and the federal laws of the United States. Any action or proceeding arising under or relating to this Agreement shall be brought only in the courts of the State of Utah, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Utah. You consent to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue. Process in any action or proceeding may be served on you anywhere in the world.

At GDX Lab Inc.’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Websites, including disputes about their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

### Notice of Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on any of these Websites infringes a copyright owned by you, you (or your agent) may send GDX Lab Inc. a notice requesting that the material be removed, or access to it blocked. This request should be sent to: privacy@gdxlab.com or, alternatively, to:

GDX Lab Inc., Inc.

Address: 770 West Hampden Avenue, Suite 125, Englewood, Colorado 80110, United States

The notice must include the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed;

(d) The name, address, telephone number, and email address of the complaining party;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Websites should be sent to the address above.

GDX Lab Inc. will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Changes to our term.

The information and services included in or available through the GDX Lab Inc. Websites may contain inaccuracies or typographical errors. Changes