Public contract (offer)
On the provision of medical services

Limited Liability Company "Ediens," hereinafter referred to as the "Contractor," on the one hand, and the individual ordering medical services for a fee via the website https://app.ediens.me/, hereinafter referred to as the "Client," collectively referred to as the "Parties," and each individually as a "Party," have concluded this Public Contract for the provision of medical services (hereinafter referred to as the "Agreement") as follows:

1. GENERAL PROVISIONS AND DEFINITIONS
1.1. The Public Contract for the provision of services is a public offer in accordance with the Civil Code of Ukraine and current legislation of Ukraine. The terms of this Agreement are mandatory for all Clients ordering consultation and/or laboratory diagnostic services on the Contractor’s website at https://app.ediens.me/.
1.2. The Contractor’s partners are legal entities and/or individual entrepreneurs engaged in medical practice at diagnostic centers, providing services for the collection of biological material from the Contractor’s Clients.
1.3. The Contractor confirms that it holds all necessary permits for conducting medical practice related to the performance of this Agreement and guarantees the right to conduct diagnostic and laboratory research.
1.4. This Agreement defines the procedure and conditions for the provision of qualified diagnostic and laboratory services by the Contractor at the request of the Client, placed on the Contractor’s website at https://app.ediens.me/.
1.5. Full and unconditional acceptance (acceptance) of the terms of this Agreement, as well as the date of its conclusion, is the Client's action in confirming the diagnostic and laboratory services included in the Order. Acceptance of the offer means that the "Client" agrees with all provisions of this offer, which is equivalent to signing the Agreement.
1.6. In this Public Contract (offer) for the provision of medical services, the following terms are used in the following meanings:
Customer – an individual who is fully capable and has placed an order on the Contractor’s website at https://app.ediens.me/ on their behalf or on behalf of the Client for services. If the service order is placed on behalf of the Client, the Customer confirms and guarantees that they act in the Client’s interest and have obtained voluntary consent from the Client.
Client – an individual to whom the services are provided directly by the Contractor and/or its Partner according to the Order.
Client’s Legal Representative – a person who represents the interests of minors, legally incapable, or limitedly capable Clients in all institutions, including courts. This person can also act on behalf of fully capable Clients who, due to physical conditions (age, illness), cannot exercise their rights and fulfill their obligations independently. Legal Representatives may include parents (adoptive parents), guardians, trustees, or representatives of institutions and organizations under whose care or guardianship the Client is placed.
Contractor – Limited Liability Company "EDIENS," a legal entity created in accordance with the laws of Ukraine, registered at the address: 89420, Zakarpattia region, Uzhhorod district, V. Lazy village, Novyi microdistrict, Skhidna St. 5, USREOU code: 41253026.
Service – a medical service provided by the Contractor, including the collection of biological material from the Client, conducting laboratory research on the Client’s biological material, and providing the Client with the results of the medical research. The list of services provided by the Contractor is available on the website at https://app.ediens.me/.
Order – a properly executed request by the Client or Customer on the website https://app.ediens.me/, specifying the list of services the Client wishes to receive. By placing the Order, the Client simultaneously confirms consent to the processing of the Client’s personal data.
Website (Site) – the webpage located at https://app.ediens.me/, which serves as the official source of information for Customers/Clients about the Contractor and the services provided.
Price List – the current list of services provided by the Contractor, with prices published on the Website at https://app.ediens.me/, which is an integral part of this Agreement.
Parties to the Agreement – the Customer/Client and the Contractor.
Biological Material – tissues, cells, biological fluids, secretions, and products of life activities, physiological discharges, smears, scrapings, washes, biopsy material obtained from the Client, serving as material for laboratory research.
Processing of Personal Data – any action or set of actions such as collection, registration, accumulation, storage, adaptation, alteration, updating, use, and dissemination (distribution, realization, transfer), depersonalization, destruction of personal data, including using information (automated) systems.
Personal Data – information or a set of information about the Customer and/or Client, including surname, first name, patronymic, date of birth, place of residence, communication numbers, and other information related to the Customer and/or Client, which can be used by the Contractor for their identification.
Acceptance – full, unconditional acceptance of the terms of this Agreement by the Customer and/or Client (including their Legal Representative). This Agreement is deemed concluded when confirming actions are taken.
Confirming Actions – actions indicating the voluntary consent of the Customer, Client, and/or Representative to strictly comply with the terms of this Agreement and its annexes. Such actions may include: Client registration on the Contractor’s Website, ordering services using the Contractor’s Website, ordering medical services via the phone numbers provided on the Contractor’s Website, commencement of actual receipt of medical services, payment for medical services, and other actions as provided by law.
Public Agreement (offer) for the provision of medical services (hereinafter – the "Agreement") – a legal transaction that defines the conditions and rules for the Contractor’s provision of services to the Customer/Client and is concluded for an indefinite period.
Promotional Offers – additional opportunities to the services provided by the Contractor for Customers/Clients, the list and conditions of which are determined by the Contractor and published on the Website https://app.ediens.me/ or communicated by the Contractor’s employees via phone. Promotional offers may include, but are not limited to, discounts, loyalty programs, special bonus programs, etc.
Contractor’s Partners – legal entities and individual entrepreneurs who are the Contractor’s Partners, with information about them available on the Contractor’s Website.

2. SUBJECT OF THE AGREEMENT
2.1. The Contractor, in the manner and on the terms defined by this Agreement, undertakes to provide services at the prices specified in the Price List, while the Customer/Client undertakes to pay for and accept the services in accordance with the terms of this Agreement.
2.2. By confirming the Order, the Customer/Client simultaneously confirms that:
they have independently familiarized themselves with the terms of this Agreement, have no reservations or objections regarding its terms, give their voluntary consent, and undertake to comply with its terms;
they give their informed voluntary consent to the provision of services and the processing of personal data.
2.3. The Customer consents to the Contractor sending medical confidential information to the phone number, email, and/or postal address specified in the corresponding documentation completed during the Order process and the personal account on the Website.
2.4. The Contractor guarantees that all information about the Customer/Client that constitutes medical or confidential information will be used in accordance with the principles of confidentiality and in accordance with the requirements of the legislative bodies of Ukraine and international law.
2.5. The Customer/Client confirms that, prior to concluding this Agreement, they are familiar with and agree to the Contractor’s Price List, which is published on the Contractor’s website at https://app.ediens.me/.
2.6. The terms of this Agreement are uniform for all Customers/Clients.

3. PRICE AND PAYMENT TERMS
3.1. Payment is made by the Customer/Client in the amount of 100% of the service cost, based on the Contractor’s current Price List, including any current promotional/special offers, either prior to or on the day of service provision.
3.2. The list of services, their price, and the time frame for execution are indicated in the Contractor’s current Price List at https://app.ediens.me/, which may be changed unilaterally by the Contractor without prior notice to the clients.
3.4. The cost of services is paid in the currency indicated on the website by bank transfer to the Contractor’s account.
3.5. The Customer/Client pays for all services specified in the Order before the service is provided, using the payment methods proposed on the Contractor’s website at https://app.ediens.me/ and as outlined in this Agreement.
3.6. The Customer/Client's payment obligations are considered fulfilled once the entire sum is received in the Contractor’s bank account or when cash payment is received in full by the Contractor's representatives at the service location.
3.7. Any medical services under this Agreement may be paid for by a third party.
3.8. The Customer/Client is responsible for the accuracy of the payments made.
3.11. Failure by the Customer/Client to meet their payment obligations for the ordered services is considered a unilateral refusal of the Customer/Client to fulfill this Agreement in full, resulting in the termination of all the Contractor's obligations that arose as a result of the acceptance of the Contractor’s offer by the Customer/Client. At the same time, the Customer/Client is obliged to reimburse the Contractor for all expenses incurred in providing services if such expenses were incurred by the Contractor by the date of the Customer’s/Client’s unilateral refusal to fulfill this Agreement.

4. PROCEDURE FOR PLACING AN ORDER
4.1. Services are provided based on the Order.
To place an Order, the Customer/Client completes a registration form on the Contractor’s website at https://app.ediens.me/, selects the necessary services, completes the Order, and chooses a payment method. The Customer's/Client's placement and confirmation of the Order indicate that the Customer/Client is familiar with the service, its price, deadlines, and rules for preparing for the collection of biological material for the relevant research.
4.2. After receiving the Order, the Contractor processes it, and the Customer/Client receives an Order confirmation via the email address they provided, along with an invoice for payment.
4.3. Research results are provided by the Contractor exclusively in electronic form, in PDF format, and sent to the Client's email address. If the Client shares the research results with third parties, the Client must transmit the results in the form they received from the Contractor.
4.4. When sending research results to the Client’s specified email address, the Contractor is not responsible for maintaining medical confidentiality or for delivering the diagnostic results via email or SMS/Viber message, as the delivery of the email depends on the settings of mail servers, antivirus systems, and spam filters of the specified email account.
4.5. The Client can check the status of their Order at any time after receiving services in their personal account, provided they have authorized access on the Contractor’s website.
4.6. If the Customer/Client detects errors in the data provided (such as full name, date of birth, email address, phone number) in the Order, they have the right to contact the Contractor/Partner’s administrator to correct the errors. In such cases, services are provided to the Customer/Client in the general queue.
4.7. Services are considered received by the Client at the moment they are actually provided by the Contractor, as confirmed by the Contractor's documentation.
4.8. If, during the provision of services under this Agreement, additional services, procedures, or research are required for medical reasons, such services are ordered additionally and paid for separately.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor undertakes to:
5.1.1. Provide services to the Client in accordance with the terms and conditions specified in this Agreement and ensure the proper quality of the services provided.
5.1.2. Ensure the provision of services within the timeframes specified in the Contractor’s Price List on the website https://app.ediens.me/, subject to the Client's compliance with this Agreement.
5.1.3. Provide necessary services and informational-consultative support within the proposed range of research.
5.1.4. Maintain medical confidentiality.
5.1.5. Not disclose information received from the Customer/Client under this Agreement or in connection with it to third parties, except for the persons to whom the research was conducted. All information provided by the Customer/Client is confidential and constitutes medical secrecy and shall not be disclosed except in cases provided for by applicable legislation of Ukraine.
5.1.6. Promptly inform the Customer/Client of the impossibility of providing services within the timeframe specified in this Agreement for any reason, via the email provided in the Order.
5.1.7. If an extension of the research period is required, inform the Customer/Client by phone or by sending a notification to the Customer’s/Client’s email.
5.1.8. Observe the rules of medical ethics and deontology in relations with the Customer/Client.
5.2. The Contractor has the right to:
5.2.1. At its discretion, change the Price List of services, which is an official document of the Contractor and contains the full list of services that can be provided under this Agreement by publishing the new Price List on the Contractor’s website: https://app.ediens.me/. Changes to the Agreement take effect after their publication on the website https://app.ediens.me/ and apply to Orders placed and confirmed after the publication of the Agreement.
5.2.2. Offer the Customer/Client services provided by the Contractor.
5.2.3. Demand strict compliance with this Agreement from the Customer/Client.
5.2.4. Demand timely payment for services provided by the Customer/Client.
5.2.5. Conduct promotions, provide discounts, and offer additional benefits for services.
5.2.6. Receive necessary medical information from the Customer/Client under the terms and conditions of this Agreement.
5.2.7. Refuse to provide services to the Client before their commencement in the following cases:
a) failure to pay for the services by the Client according to the placed Order;
b) the Client’s medical contraindications for such services.
5.2.8. In the event of the Client’s violation of the terms of this Agreement, the Contractor has the right to terminate this Agreement unilaterally. In this case, the funds paid by the Customer/Client for the services that have been provided are non-refundable.
5.2.9. Propose changes and additions to this Agreement.
5.2.10. In fulfilling the terms of this Agreement, involve third parties and external organizations, while adhering to confidentiality and medical secrecy.
5.2.11. At its discretion, conduct marketing and other promotional activities, the terms of which offer the Customer/Client the opportunity to order services on more favorable terms than usual.
5.3. The Customer/Client has the right to:
5.3.1. Receive from the Contractor accessible, reliable, and complete information about the services, their cost, and payment terms.
5.3.2. Independently determine the list of services they wish to receive under this Agreement, based on the current Price List provided by the Contractor.
5.3.3. Submit suggestions, claims, reviews, etc., to the Contractor regarding the services provided.
5.3.4. Ensure the protection and non-disclosure of information constituting the Client’s medical secrecy.
5.3.5. Refuse this Agreement in accordance with applicable law.
5.3.6. Timely and quality service, subject to compliance with the recommendations.
5.3.7. Choose a convenient payment method for the Order from the options offered by the Contractor.
5.4. The Customer/Client undertakes to:
5.4.1. Pay the Contractor in full for the services in accordance with the placed Order. Pay in full for research results (including the research conducted) in the event of insufficient quality or quantity of biological material and DNA or RNA within it.
5.4.2. Comply with the agreed timeframes (schedule) for the provision of services.
5.4.3. Provide the Contractor with their personal data and other information and documents necessary for the performance of this Agreement.
5.4.4. Comply with the Contractor’s recommendations regarding the rules for preparing and submitting biological material (service provision), as listed on the Contractor’s website, to eliminate factors that may affect the Client’s research results.
5.4.5. Independently monitor service prices on the Contractor’s website.
5.4.6. Carefully review the content and essential terms of this Agreement before concluding it, as well as review the list and cost of services, the procedure for their provision, and payment terms.
5.4.7. Conclude the Agreement on behalf of a third party only after obtaining prior consent from that third party. At the time of placing the Order, the Customer confirms that they have obtained the necessary approval and consent from the Client. In the absence of such consent, the Customer is responsible to the Contractor for any consequences related to the lack of the Client’s consent.

6. PROCEDURE AND TIMEFRAME FOR SERVICE PROVISION
6.1. Services are provided to the Client for a fee in accordance with the terms of the Agreement.
6.2. Services are considered received by the Client from the moment they are actually provided by the Contractor, as confirmed by the results sent to the Client's email address indicated in the Order.
6.3. The timeframe for providing services is specified on the website https://app.ediens.me/ and is calculated from the next working day after the biological material is received by the Contractor’s medical laboratory and full payment is made by the Customer/Client.
6.4. The research period may be extended by the Contractor in cases where:
the delivered material requires additional processing, including decalcification;
the delivered material requires special staining methods;
a repeat collection of biological material is necessary;
additional clinical-instrumental data is required;
additional tissue fragments need to be collected for research;
the consultative material (histological sample in a paraffin block) was sent with technological defects in block preparation.
6.5. If it is necessary to extend the research period, the Contractor will inform the Client by phone or send a notification to the Client’s email.

7. PERSONAL DATA OF THE CLIENT
7.1. The Client agrees to the transfer of their personal data to the Contractor (according to the terms of this Agreement and the consent provided during the Order).
7.2. The Client confirms their consent to the Contractor's processing of their personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" of June 1, 2010, No. 2297–VI and other regulatory acts of Ukraine.
7.3. The Client confirms they have been informed that the owner of the database in which their personal data is stored is LLC "Ediens."
7.4. By ticking the box "I consent to the processing of personal data," the Client confirms and grants the Contractor permission to transfer (distribute) their personal data to Data Processors and/or third parties.
The Data Processors of the User's personal data are the Ministry of Health of Ukraine, the National Health Service of Ukraine, the State Enterprise "DIA," the Ministry of Digital Transformation, relevant laboratory centers of the Ministry of Health of Ukraine, other healthcare institutions regardless of ownership, governmental bodies and local authorities, and other entities if the information regarding the User must be transferred to them according to the current legislation of Ukraine and its intended purpose; lawyers — to provide legal assistance to the Company in resolving disputes related to personal data; judicial authorities — to whom personal data may later be transferred for dispute resolution.
Third parties include legal entities, individual entrepreneurs, and counterparties with whom the Company has entered into agreements for the provision of services, performance of work, and others, to the extent necessary for the identification of the User, the execution, and processing of the User's order (including for the purpose of proper billing for goods/services, ensuring the receipt of financial services by the User, etc.).
7.5. The purpose of processing the Client’s personal data is the provision of services by the Contractor in accordance with the terms of this Agreement and providing the Client with quick and convenient access to their personal data, including the results of research, receiving additional useful information related to the results and health status, as well as for other similar purposes concerning the services and health condition.

8. CONFIDENTIALITY
8.1. In order to perform this Agreement, the Client provides the Contractor with their personal data (including: surname, first name, patronymic, date of birth, details of an identity document, registration address and residence address, contact information, etc.).
8.2. Confidential information under this Agreement includes information about the Client’s health, diagnosis, and any other information obtained during the provision of services.
8.3. Disclosure of information constituting the Client’s medical confidentiality to third parties, in the interest of the Client’s examination and treatment, is carried out upon a written request from medical institutions, law enforcement authorities, or other authorized governmental organizations in accordance with the applicable legal acts of Ukraine.

9. TERM OF THE AGREEMENT
9.1. This Agreement enters into force on the date of its public posting and remains valid until the Parties have fulfilled their obligations under the Agreement.

10. CLAIMS AND DISPUTE RESOLUTION PROCEDURE
10.1. The Parties agree that in the event of defects in the provision of services, the Client is entitled to file a claim against the Contractor within thirty calendar days from the date of receiving the research results.
10.2. The Parties agree that if a claim is filed, the Client shall send the claim by registered mail to the Contractor’s postal address, as indicated in section 13 of this Agreement. The Contractor shall review the claim within thirty calendar days from the date of receiving the claim.
10.3. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the Parties.
10.4. Pre-trial dispute resolution is mandatory and involves one of the Parties submitting a claim, which the other Party must review within thirty days.
10.5. All disputes arising from the performance of this Agreement or related to it shall be resolved by the Parties through negotiations. If the dispute cannot be resolved through negotiations, it will be settled in court in accordance with the rules of jurisdiction and territorial competence.

11. LIABILITY OF THE PARTIES
11.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of Ukraine.
11.2. The Contractor is not liable for the quality of service provision in cases of the Client’s breach of this Agreement.
11.3. The Parties are released from liability for partial or complete non-performance or improper performance of their obligations under this Agreement if such non-performance is due to force majeure or other extraordinary circumstances (natural disasters, government decisions, epidemics, military actions, martial law, pandemic actions, strikes, decisions of competent authorities, etc.) that prevent the fulfillment of obligations under this Agreement.
11.4. The Contractor is not liable for the disclosure of information provided by the Client during the use of the Contractor’s Website if such disclosure occurred as a result of circumstances beyond the Contractor’s control and could not have been prevented or remedied (in particular, due to hacking attacks, theft of the Contractor’s website data, posting of confidential information by the Client on external information resources and/or websites, etc.).
11.5. The Contractor/Partner is not responsible for the non-delivery of results to the Client during the research if the Client has provided insufficient quantity or quality of material and DNA or RNA within it.
11.6. The following are not considered indications of poor quality services provided by the Contractor:
complications, ambiguous interpretation of clinical data obtained during the research, other side effects, and deviations that occurred due to the biological peculiarities of the Client’s body, the probability of which cannot be completely excluded by modern medical knowledge (medical standards and scientific literature) and technology, provided that the services were rendered with adherence to all necessary actions and conditions required for services of this kind;
the Client received similar services from another healthcare facility, the results of which differ from the Contractor’s services under this Agreement;
complications that occurred after the provision of services due to gross non-compliance (violation) by the Client of the recommendations given by the Contractor’s employees.
11.7. The Client acknowledges that modern medicine is not an exact science, and diagnosis and treatment cannot guarantee precise and positive outcomes. The Client understands that due to the limitations of modern medicine, the complexity of diagnosing and treating certain diseases, the individuality and uniqueness of each patient’s body, the services offered by the Contractor may not bring the expected result or may even cause health deterioration, the occurrence of atypical reactions, and complications that are not accounted for in medical standards (protocols) and not described in specialized literature.
11.8. The Parties understand and agree that a discrepancy between the result of a provided service and the result the Client expected or desired does not in itself indicate poor service quality.
11.9. The Client is responsible for:
the truthfulness and completeness of the information requested by the Contractor in connection with fulfilling their obligations under this Agreement;
promptly informing the Contractor’s staff of all circumstances, including new ones, that may affect the desired result of the provided service (such as the presence of diseases, medication intake, harmful habits, etc.).

12. OTHER CONDITIONS
12.1. This Agreement is a public offer. The absence of a signed hard copy of the Agreement with signatures from both Parties does not invalidate this Agreement if the Client has made payment for the services or has received the services directly from the Contractor under this Agreement.
12.2. By accepting the Agreement, the Client confirms that they have read and understood its terms and conditions, as well as other documents that are an integral part of this Agreement. The date of the Agreement’s conclusion is the date the Client placed the order on the Contractor’s website and/or paid for the services included in the order.
12.3. By confirming the order on the Contractor’s website by checking the box "I agree with the terms of the public offer," the Client agrees to receive promotional messages and emails from the Contractor to the mobile phone number and email address provided in the "Personal Cabinet" on the Contractor’s website. Upon written request, the Client's contact details will be removed from the recipient list for informational and promotional messages.
12.4. The Client confirms that by accepting this Agreement, they agree to and recognize as binding the terms of the Agreement, as well as the conditions specified in the above-mentioned documents. Claims based on the argument of ignorance or lack of familiarity with these documents will not be accepted.
12.5. The Contractor is not responsible for the functioning of the Internet and the inability of an individual (including the Client) to access the information regarding this offer.
12.6. The Parties agree that this Agreement may be terminated at the initiative of either Party by sending written notice to the other Party’s email. The Agreement is considered terminated from the date the written notice is received or from the date the written notice is sent to the email addresses specified in this Agreement.
12.7. If any part or parts of this Agreement are deemed invalid, illegal, or unenforceable, such decision shall not affect the validity, legality, and enforceability of the remaining parts and provisions.
12.8. By joining this Agreement, the Client confirms that they have received an electronic copy of this Agreement in a form that does not allow for alteration of its content, have fully familiarized themselves with the terms of this Agreement, have no reservations or objections regarding the terms of the Agreement, and undertake to duly fulfill their obligations under this Agreement. This Agreement is concluded without the need for signed hard copies by the Parties.

13. CONTRACTOR'S DETAILS
LLC "EDIENS"
89420, Zakarpattia region, Uzhhorod district, V. Lazy village, Novyi microdistrict, Skhidna St. 5
USREOU Code: 41253026
IBAN: UA543052990000026002043600082 in PrivatBank
Single tax payer at the rate of 5%
Email: info@ediens.me

Approved in the current version as of "___" __________2024