1. WHAT’S IN THESE TERMS?

These terms of use set out the legally binding terms for your use of the Biowatch service and content standards that apply when you use the Biowatch services (including test kits for samples of body fluids), app and webpage (hereafter “system”) in any way, including providing content or information and engaging with other parties via the system.

These terms also contain specific disclaimer and limitation of liability.

You may not access or use the system if you:

1) are not at least 18 years old

We recommend you do not use the system if you:

2) Suffers from haemophilia (in Danish “blødersygdom”),

3) If you experience discomfort or trouble staying upright at the sight of blood.

You are specifically informed and acknowledge that:

4) your test results provided through the system may be negatively affected, misleading or wrong if you suffer from a medical condition or use (prescription) medications,

5) your test result provided through the system are based on samples of capillary blood and saliva and may therefore have less accuracy and / or a larger variance than blood samples analyzed based on a venous blood sample,

6) if your test results provide through the system are outside the recommended ranges you are always advised and encouraged to seek and consult your own doctor, cf. section 8

7) as a result of the blood-draw-device you may experience blue bruises, a minor stick mark, blood spots under the skin and excess blood (you are advised and encouraged to use the provided plaster to prevent damaging your clothes)

2. ENFORCEMENT

You understand and agree that we are under no obligation to oversee, monitor or moderate any content or use. Consequently, you might see, read or experience content in the system that you might not agree with, or which might trigger negative feelings.

You also understand and agree that we may delete or moderate any content at any time if activity by a user is deemed to contravene the terms of acceptable use. In some severe cases, we may suspend or terminate the access to the system at any time and without notice. If this happens and you are unhappy with the decision, please use the contact information to file a complaint.

Damage suffered by us because of the breach of the terms of acceptable use will be settled in accordance with the applicable law.

3. YOU MUST FOLLOW THE TERMS

By using our system, you confirm that you accept the terms and that you agree to comply with them. If you do not agree to these terms, you must not use our system. We recommend that you print or download a copy of these terms for future reference.

Please be aware that other terms may apply to you when you use the system.

We amend these terms from time to time as appropriate. When we do, we will let you know as soon as you log on to the system.

4. WHO WE ARE AND HOW DO YOU CONTACT US?

Here is our company information: Name: Biowatch ApS,

Business reg. no. (VAT): DK-38576496 Location: Søndergade 74, 5. City: Aarhus C Country: Denmark Web page: www.biowatch.me Tel.: (+45) 70605812 E-mail: contact@biowatch.me

5. PROHIBITED USES: WHAT YOU CAN’T DO

You may use our system only for lawful purposes.

You may not use our system:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• To harm or attempt to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses such as Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our system or content in the system.
• Not to access without proper authority, interfere with, damage or disrupt the following: any part of the system, any equipment or network on which the system is stored, any software used in the provision of the system, or any equipment or network or software owned or used by any third party.

6. CONTENT STANDARDS

Any use of the system, including provided content or information, must not

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual or political orientation or age.
• Infringe any copyright, database right or trademark of any third party.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the content is provided by us if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

7. LIABILITY

THE LIABILITY OF BIOWATH IS LIMITED TO RESTORATION OF THE SYSTEM FREE OF CHARGE WITHOUT UNDUE DELAY USING A REASONABLE AMOUNT OF TIME AND RESOURCES. ALL CLAIMS IN ADDITION ARE LIMITED TO OUR LIABILITY UNDER MANDATORY PUBLIC LAWS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, AND ANY DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF OR INABILITY TO USE THE SYSTEM OR SUPPORT SERVICES, EVEN IF WE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

This limitation applies to anything related to or arising from the system, including e.g., support services or your use of the results of the system, or your inability to use the system or support services, and to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, other tort, or any other claim under any theory, to the maximum extent permitted by law. It also applies even if repair, replacement, or refund for the system or support services does not fully compensate you for any losses.

8. MEDICAL DISCLAIMERS

The system does not provide diagnosis or treatment of medical conditions.

You should consult with your personal physician for specific advice relating to your medical questions or conditions. None of the information and/or statements made available through the system are intended to replace the attention or medical instructions from your personal physician / medical doctor. Only your personal physician can completely and appropriately assess your situation and make conclusive decisions regarding your care.

Nothing on the website or made available through the system is meant to imply a person should take actions toward medical treatment without the consent and/or supervision of a doctor or specialist. It should not be used as an alternative to visit, call, consult or seek the advice of your personal physician. If you have any health care related questions or concerns, you are advised and encouraged to see your personal physician without delay.

Always consult with your personal physician or qualified health care provider before altering current care or embarking on a new treatment, drug or diet. You should never disregard medical advice or delay seeking it because of something made available through the system.

The risks of blood draw may include, fainting, infection, discomfort, bleeding following application of the blood-draw sampling device and exposure to chemicals leaching in from the device.

Based on the review of your test results provided through the system you may be advised to consult your personal physician. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before using the system. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems. In addition, you could have a disease or condition even though your tests provided through the system are within the normal range.

9. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms and any dispute, controversy or claim arising hereunder or in connection herewith, its subject matter or formation, including any dispute or claim relating to non-contractual obligations, shall be exclusively governed by, and construed in accordance with the laws of the Kingdom of Denmark.

Any dispute, controversy or claim arising under, out of, or relating to this agreement, including its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall exclusively be referred to the district court of Copenhagen.