Legal

TERMS & CONDITIONS

Last updated: August 2026

SUNA TERMS & CONDITIONS Prices below shown in your local currency (USD). Other regions see their own. Final amounts confirmed at Stripe checkout. ──────────────────────────────────────── 1. ACCEPTANCE OF TERMS By reserving a Suna device, making a reservation payment, or using suna.health, you agree to these Terms & Conditions. If you do not agree, do not reserve a device or use the site. These Terms are a binding agreement between you and XAICARE LTD (a company registered in England and Wales, the operator of suna.health), called "we" or "Suna" below. ──────────────────────────────────────── 2. ABOUT SUNA Suna is a wearable device for gut health and nutrition, intended for general wellness use by adults. Suna is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. See section 15 for the full wellness disclaimer. ──────────────────────────────────────── 3. PRIVACY-FIRST ARCHITECTURE Suna processes your raw signal on-device. Account and app-level data live in our systems with industry-standard encryption (AES-256 at rest, TLS 1.3 in transit). We do not sell your personal data. The full privacy policy at suna.health/privacy is incorporated into these Terms by reference. If anything in these Terms conflicts with the privacy policy on a privacy matter, the privacy policy controls for that matter. ──────────────────────────────────────── 4. ACCOUNT ELIGIBILITY Suna is for adults (18 or older). You are responsible for the accuracy of the information you provide when reserving. You may not reserve a device on behalf of someone under 18 without their guardian's consent. We may refuse, suspend, or terminate reservations that appear fraudulent or in breach of these Terms. ──────────────────────────────────────── 5. RESERVATION PAYMENT $50, fully refundable. Your reservation payment holds your place in the SUNA reservation queue and secures your founder number. It is not a deposit, a prepayment, or a part payment for a device, and it is not a fee for any service. Paying it does not place an order and does not create a contract to buy or sell a device: you are under no obligation to buy anything, and we are under no obligation to supply anything. Money you pay becomes payment for a device only if and when you place an order (section 6). Your reservation payment is refundable in full, on request, at any time before you place an order. If order invitations for your wave close and you have not ordered, we refund it in full without you asking. No VAT arises on your reservation payment and no VAT invoice is issued for it. We do not hold reservation payments separately or in an escrow or trust account, and they do not bear interest. Your reservation and founder number are personal to you and are not transferable. Your reservation does not guarantee a specific delivery date. ──────────────────────────────────────── 6. DEVICE ORDER DEVICE: $279 founders / $349 retail (includes first month of service). Prices are set by reservation wave. When we invite you to order, we will offer you the device at the price published for the wave active when your reservation was received, regardless of later price changes. This commitment follows from when you reserved, not from your reservation payment, and it binds us, not you. Pre-launch wave pricing is published on suna.health and may change for future waves without notice to existing reservation holders. ORDERING: about 12 weeks before your device is ready to ship, we will invite you to place your order and confirm your delivery address. The order page shows the full price for your wave. If you place your order, your reservation payment is applied as a credit toward that price (or refunded separately if you prefer) and we charge the difference to your saved payment method. A contract for the sale of a device exists only from the moment you place your order. Order prices include UK VAT for UK deliveries and applicable VAT for EU deliveries; for US deliveries, applicable sales taxes are calculated and shown when you order. ──────────────────────────────────────── 7. DELIVERY & SHIP DATE SHIPS: Q1/Q2 2027 (target). We will email your order invitation in the run-up to your ship date. IF YOU DO NOT RESPOND: if you do not respond to your order invitation within 14 days, your reservation is automatically deferred once to the next order window. If you have not placed an order by the close of the final order window for your region, we refund your reservation payment in full without you needing to ask. ──────────────────────────────────────── 8. SUBSCRIPTION $24/month, starting 30 days after your device ships. The first month is included with your device. You can cancel any time from your account; cancellation takes effect at the end of the current billing period. We may change the subscription price with reasonable advance notice by email; you may cancel before the new price takes effect. ──────────────────────────────────────── 9. REFUNDS & CANCELLATION • Before you order: your reservation payment is refundable in full, on request, at any time. No reason needed. • After you order: cancel any time before we ship for a full refund of everything paid. • Subscription: cancel any time from your account. • Refunds are issued to the original payment method via Stripe. Your local statutory consumer rights are unaffected (UK Consumer Rights Act 2015 + 14-day distance-selling rights for UK customers, EU Consumer Rights Directive for EU customers, applicable state laws for US customers). ──────────────────────────────────────── 10. RETURNS AFTER DELIVERY 30-day return policy from the date of delivery. Return the device in its original condition with all accessories. We will refund the device price (excluding original shipping costs, where permitted by law). Statutory rights remain unaffected. ──────────────────────────────────────── 11. LATE DELIVERY PROTECTION If we fail to ship your device by Q1/Q2 2027 plus 6 months, you can cancel and receive a full refund of everything paid. We will let you know in advance if a delay of this size looks likely. ──────────────────────────────────────── 12. INTERNATIONAL CUSTOMS We ship from three fulfillment hubs: the United Kingdom, the United States, and the Netherlands. UK customers receive their device from our UK hub (no customs charges). US customers receive their device from our US hub (domestic shipping; no import duties). EU customers receive their device from our Netherlands hub (intra-EU shipping; VAT included in the price, no border duties). Customers outside the UK, US, and EU (e.g., Canada, Australia) may incur import duties, taxes, or handling fees from their local customs authority. These are set by your government, not by us, and are your responsibility for non-UK / non-US / non-EU destinations. ──────────────────────────────────────── 13. AUTOMATIC PAYMENTS When you reserve, your card stays on file with our payment processor (Stripe). We charge it only when you place your order: your reservation payment is applied to your wave price and the difference ($229 for the current wave) is charged at that point. Nothing is charged if you do not place an order. Your $24/month subscription starts 30 days after your device ships. After ordering, you can cancel any time before shipping for a full refund of everything paid. You can cancel the subscription any time from your account. ──────────────────────────────────────── 14. FOUNDER NUMBER & REFERRALS FOUNDER NUMBER: your founder number is yours for life. It is not recycled if you later request a refund. If you re-reserve after a refund, you'll receive a new number from the next-available pool. REFERRALS: any SUNA waitlist member can refer friends. Each qualifying referral earns one month of subscription credit (not cash); 12 referrals = 1 year free subscription. A qualifying referral is a genuine, distinct real person you personally invited. Until the Founding wave closes on 14 June 2026 (23:59 UTC), that person signing up to the waitlist qualifies; from 15 June 2026, only that person reserving with a paid reservation payment qualifies. Credit is applied to your SUNA subscription once it begins (after your device ships) and is never paid as cash. "No cap" means there is no fixed limit on credit earned from genuine referrals of real people you personally invite; referral credit is offered for authentic human activity only. We reserve the right, in our sole discretion and without prior notice, to withhold, reduce, reverse, suspend, or otherwise restrict referral credit, and to disqualify any account or referral, where we detect or reasonably suspect automated, bot-driven, self-referral, bulk, incentivised, or otherwise inauthentic or abusive activity, or any activity that in our judgement does not reflect genuine referrals by distinct individuals. We may determine what constitutes such activity, and apply such measures, at our sole discretion. This does not affect your statutory consumer rights. ──────────────────────────────────────── 15. WELLNESS DEVICE DISCLAIMER Suna is a general wellness device. Suna is not a medical device. Suna is not intended to diagnose, treat, cure, or prevent any disease, condition, or symptom. Suna does not replace medical advice, diagnosis, or treatment from a qualified clinician. Always consult your doctor about any symptoms, conditions, or treatment decisions. Do not use Suna as the sole basis for any health or medical decision. If you think you have a medical emergency, call your local emergency number. ──────────────────────────────────────── 16. ACCEPTABLE USE When using Suna and suna.health you agree not to: • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the device firmware or our software, except as expressly permitted by applicable law. • Resell, rent, lease, or sublicense your device or subscription without our written consent. • Use the device or services in any unlawful, fraudulent, or harmful way. • Interfere with or disrupt the integrity or performance of the device, app, or our services. • Attempt unauthorised access to any part of our systems or other users' accounts. ──────────────────────────────────────── 17. INTELLECTUAL PROPERTY The Suna device, firmware, app, website, and all related content are owned by XAICARE LTD or its licensors and are protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the device and subscription as set out in these Terms. Nothing in these Terms transfers ownership of any intellectual property to you. ──────────────────────────────────────── 18. LIMITATION OF LIABILITY Nothing in these Terms limits or excludes our liability for: • death or personal injury caused by our negligence; • fraud or fraudulent misrepresentation; • any other liability that cannot be limited or excluded under English law (including under the UK Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977) or, where applicable, the consumer-protection law of your country of residence. Subject to that: • We are not liable for indirect, consequential, special, or punitive damages; for lost profits, lost revenue, lost goodwill, lost data, or lost business opportunity; or for any health outcomes arising from your reliance on the device or app for medical, diagnostic, dietary, or treatment decisions. Suna is a general wellness device (section 15) and is not a substitute for professional medical advice. • Our total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is capped at the greater of (a) the total amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred pounds (£100). • Where you are a consumer in the United Kingdom, the European Union, the European Economic Area, the United States, or elsewhere, the limitations in this section apply only to the extent permitted by the mandatory consumer-protection law of your country of residence. • We are not liable for failure or delay in performance caused by events outside our reasonable control (force majeure), provided we take reasonable steps to communicate the disruption and mitigate its impact on you. Statutory rights are not affected. ──────────────────────────────────────── 19. WARRANTY DISCLAIMER Statutory rights are unaffected. UK consumers have non-excludable rights under the Consumer Rights Act 2015, including the right to a device of satisfactory quality, fit for its intended purpose, and as described. EU consumers have equivalent rights under the Sale of Goods Directive 2019/771 and the Digital Content Directive 2019/770 (as implemented in your country). Consumers in other jurisdictions retain whatever non-excludable rights local consumer law gives them. Nothing in these Terms displaces those rights. To the maximum extent permitted by applicable law, and subject to the paragraph above: • The device, app, software, and services are provided "AS IS" and "AS AVAILABLE". We do not give any other warranty or condition, whether express or implied, regarding their accuracy, reliability, completeness, availability, or fitness for any particular purpose other than the general wellness purpose described in our public materials. • We do not warrant uninterrupted or error-free operation; freedom from viruses or harmful components; or compatibility with every phone model, operating system version, or local network configuration. • The wellness insights produced by the device will vary between users and across days. Variation is not by itself a defect. Manufacturer's limited warranty. In addition to your statutory rights, we offer a twelve (12) month limited hardware warranty from the date your device is delivered, covering manufacturing defects in materials and workmanship under normal use. This warranty does not displace your statutory rights. To claim under it, contact echo@suna.health within the warranty period with proof of purchase and a description of the defect; we will repair, replace, or refund at our option. The limited warranty does not cover: normal wear and tear; damage caused by misuse, accident, modification, unauthorised repair, or use outside the conditions described in the user materials; cosmetic damage; loss or theft; or software issues caused by third-party apps, jailbreaking, or unsupported operating system versions. ──────────────────────────────────────── 20. INDEMNIFICATION You agree to indemnify, defend, and hold harmless XAICARE LTD, its officers, directors, employees, contractors, and agents from and against any third-party claims, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to: • your breach of these Terms or any applicable law or regulation; • your misuse of the device, app, or services, including using the device for purposes for which it is not intended, such as medical diagnosis, treatment, or monitoring; • your infringement of any third-party right, including any intellectual property right or right of privacy; • any content or material you submit or transmit through the app or any of our services; • your failure to comply with the Acceptable Use restrictions in section 16. This indemnity does not apply to claims caused by our gross negligence, wilful misconduct, or any act or omission of ours that itself breaches consumer-protection law. Consumer carve-out. For UK consumers, this indemnity is enforceable only to the extent permitted by the UK Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977. The indemnity does not apply where it would constitute an unfair term under section 62 of the CRA 2015. For EU consumers, the indemnity is enforceable only to the extent permitted by the consumer-protection law of your country of residence. For consumers elsewhere, the same principle applies under local consumer-protection law. ──────────────────────────────────────── 21. DISPUTE RESOLUTION & GOVERNING LAW Governing law. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales. Jurisdiction. Subject to the consumer-protection carve-out below, the courts of England and Wales have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Consumer-protection carve-out. • United Kingdom consumers may bring proceedings in their local court. We will not bring proceedings against you outside the country of your habitual residence. • European Union and EEA consumers may bring proceedings in the courts of their country of residence and have the benefit of the mandatory consumer-protection law of that country. • United States consumers retain all rights under applicable federal and state consumer-protection statutes (including the Magnuson-Moss Warranty Act and equivalent state laws). • Consumers in other jurisdictions retain whatever non-excludable rights local consumer law gives them. Informal resolution first. Before commencing any formal proceedings, please contact echo@suna.health with a clear description of the dispute. We will respond promptly and work in good faith to resolve the matter informally. EU consumers, Online Dispute Resolution. EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to attempt to resolve disputes out of court. We are not required to and do not commit to use any specific alternative dispute resolution body. No class action waiver. These Terms do not waive any right you may have to bring a class or collective action where such rights are protected by mandatory consumer law in your jurisdiction. ──────────────────────────────────────── 22. MODIFICATIONS TO THESE TERMS We may update these Terms as the product changes. For any material change, we will give reasonable advance notice by email before the change takes effect. The "Last updated" date at the top is always current. If you do not agree to the updated Terms, you can cancel your reservation or subscription before the new Terms take effect. ──────────────────────────────────────── 23. TERMINATION We may suspend or terminate your reservation, subscription, or access to the services if you breach these Terms, if your payment fails and is not cured within a reasonable cure period, or if required by law. On termination we will issue any refunds owed under section 9. ──────────────────────────────────────── 24. ENTIRE AGREEMENT & SEVERABILITY These Terms, together with the privacy policy and any region-specific addenda, are the entire agreement between you and us about Suna. If any part of these Terms is found unenforceable, the rest stays in effect. ──────────────────────────────────────── NOTES *Product design may vary from images shown. *Prices shown are for your region. The amount confirmed at Stripe checkout is authoritative. ──────────────────────────────────────── CONTACT echo@suna.health suna.health XAICARE LTD, trading as Suna Health. Registered in England and Wales, company number 16126637. Registered office: 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom. Disclaimer! Wellness device. Not medical. Not diagnostic. Ask your doctor. © 2026 Suna Health