GENERAL TERMS AND CONDITIONS
Introductory provisions

These General Terms and Conditions (hereinafter referred to as "GTC") are business terms and conditions within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), and apply to all relations between DNAmeter s.r.o. (as a service provider) and the Customer. If you visit the DNAmeter Website and/or order Goods and/or Services from DNAmeter s.r.o., you agree to be bound by these GTC.

By ordering Goods/Services from our Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

The GTC will take precedence over any conflicting or incompatible information contained in other materials (e.g. promotional materials, emails, website).

Definition of

DNAmeter: It represents the service of DNAmeter s.r.o. , U Pergamenky 1522, 170 00 Prague 7-Holešovice, ID No.: 212 20 581, registered in the Commercial Register of the Municipal Court in Prague, under No. C 398329.

Personal data: is any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'). An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Partner: means the contract laboratory that performs the DNA analysis.

Collector, also referred to as a kiosk: a DNAmeter vending machine located in a publicly accessible location (a map of the location of collectors is available on the Website).

Services: means all services related to the sale, delivery of goods, delivery of genetic testing and genome analysis results and also services related to the display of results on the Portal.

The contracting parties: are DNAmeter s.r.o. and the Customer.

Contract: Means the contract between DNAmeter s.r.o. and the Customer.

Consumer: a natural person acting for purposes wholly or mainly outside his trade, business, craft or profession.

Subscription kit identifier (ID box): means a unique series of numbers displayed in the form of a QR code that is located on the subscription kit and uniquely identifies the subscription kit.

Sample Identifier (Sample ID): Means a unique series of numbers displayed as a QR code that is located on the tube (in the case of saliva sampling) or the collection card (in the case of blood drops) that is in the collection kit. The QR code uniquely identifies the sample.

Registration (user) account: the Customer's account on the Website/Portal.

GTC: means these General Terms and Conditions.

Customer: means the user of the Website/Portal and/or the person who orders and/or uses the Goods/Services of DNAmeter s.r.o.

Goods: means the goods available for purchase on the Website and/or the Portal - DNA analysis kits.

Website: means the DNAmeter website available at https://dnameter.com and the online shop https://shop.dnameter.com or any other website linking to these Terms and Conditions.

Portal: means the web application through which DNAmeter s.r.o. offers and makes available its services, or any application to which these GTC are attached and/or which states that it is governed by these GTC.

Website Terms of Use

Access. Access to the DNAmeter website is provided to the Customer in accordance with these GTC.

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations and these GTC regarding the Website and any transactions conducted on or through the Website.

Registration, provision of personal data. Registration in the Portal is necessary for the provision of other services, in particular the receipt of the sample in the collection machine (also referred to as a kiosk) and the subsequent processing of the sample in the laboratory. By registering/providing your Personal Data as a Customer, you declare that:

• The personal information you provide when registering as a Customer is true, accurate, current and complete in all respects.

• You will promptly notify DNAmeter s.r.o. of any changes to your Personal Data by changing your Personal Data by logging into your user account.

• You will not impersonate another person or entity or use a false name or a name that you are not authorized to use.

• A person over the age of 18 can register (create an account). Only a person over the age of 18 can add another person to their account (i.e. a legal guardian - parent - can add a minor child/children to their account).

Usernames and passwords. Customer is solely responsible for maintaining the confidentiality of all usernames and passwords. Customer agrees to:

• Not to allow any third party to use their account, usernames or passwords, except as expressly permitted by these GTC.

• Immediately notify DNAmeter s.r.o. of any actual or reasonably suspected unauthorized use of its account, usernames or passwords, or any other violation or suspected violation of these Terms and Conditions of which it becomes aware, by sending an email to podpora@dnameter.com.

Price

Payment. You are obliged to pay the price for the Goods/Service without delay. DNAmeter s.r.o. shall not be obliged to dispatch the Goods or provide the Service to you if your order is not paid for. You may pay for the Goods/Services in the following ways:

Online credit card. DNAmeter s.r.o. uses the services of Global Payments s.r.o., V Olšinách 626/80, 100 00 Praha 10, registered under file number C 244453 with the Municipal Court in Prague, ID: 04235452, VAT: CZ04235452. When the Customer uses the services of DNAmeter s.r.o. , the Customer agrees to the following:

(i) The Customer agrees to be bound by the terms and conditions of Global Payments s.r.o. (available here: https://cdn-gxx.dataweavers.io/-/media/gpn-jv-czech/2021-pdf/cz_vop_2018.pdf

(ii) The Customer authorizes DNAmeter s.r.o. and Global Payments s.r.o. to share with each other any payment instructions provided by the Customer as additional payment-related information necessary to complete the payment transaction, including personal data and transaction information.

In any other way that DNAmeter s.r.o. allows.

In the event that DNAmeter s.r.o. does not receive the money within five working days from the date of order confirmation, DNAmeter s.r.o.'s obligation to provide the Services to the Customer in accordance with these GTC shall cease.

Price. The prices for the Goods/Services are inclusive of VAT and any applicable statutory charges.

Prices and offers may vary and may only be available for a limited time. All prices and offers are subject to availability and may be cancelled or changed at the discretion of DNAmeter Ltd.

Terms and conditions of providing goods and services to DNAmeter s.r.o.

Description of Services. The services of DNAmeter s.r.o. include:

• The sale and delivery of the Goods for the purpose of use by the Customer in accordance with the enclosed instructions.

• Arranging the import of the Goods to the Customer and the removal of the Goods to the Partner.

• Arranging for DNA analysis by the Partner.

• Making the DNA analysis result available to the Customer in the Portal after pairing the sample kit with the Customer's Registration (user) account via the QR code (identifier) of the sample kit.

• Personalized recommendations based on the DNA analysis results in the range purchased by the customer (e.g. for a specific panel of diseases).

The process of providing goods and services is listed on the eshop website in the How to buy section.

By purchasing the Services of DNAmeter s.r.o., the Customer agrees to provide its biological sample to the Partner for the purpose of DNA extraction and analysis.

DNAmeter s.r.o. will never process a Customer's DNA sample without the Customer's express consent. The partner will irretrievably dispose of the Customer's sample after DNA extraction and analysis. The Customer acknowledges that the provision of a biological sample to the Partner for the purpose of DNA extraction and analysis is necessary and conditional with respect to the nature of the DNAmeter Ltd. Services.

The Customer acknowledges that the provision of consent to the processing of health information, genetic data and data revealing racial or ethnic origin within the meaning of Article 9 (2) a) GDPR is necessary and conditional with regard to the nature of the Services of DNAmeter s.r.o. In the event that the Customer does not give or withdraws this consent, DNAmeter s.r.o. is unable to provide the Services.

The Customer declares that it understands that upon receipt of the Goods, the Customer needs to properly read and follow the instructions provided. DNAmeter Ltd shall not be obliged to provide the Service if the Customer has not followed the instructions provided by DNAmeter Ltd. DNAmeter s.r.o. shall not be liable for any defects caused by the Customer's misinterpretation of these instructions.

The Customer acknowledges that the Partner may not be able to process the sample due to the fact that the biological sample has not been submitted by the Customer for removal to the Partner within the appropriate timeframe and preserved according to the conditions specified in the instructions. Therefore, the Customer acknowledges that upon receipt of the Goods, the Customer must store the saliva collection kit, and the self-collected saliva sample, in a refrigerator at a temperature between 2-8˚C. The Customer acknowledges that upon receipt of the Goods, the Customer must store the blood drop collection kit, and the blood sample on the collection card, at room temperature between 15-25˚C.

The sample, whether a saliva or blood sample, must be brought to the DNAmeter collection station (also referred to as a kiosk) as quickly as possible, without delay.

The customer must keep track of the expiration date on the subscription kit. If the Customer allows the Goods to expire, the Customer shall not be entitled to a refund and DNAmeter s.r.o.'s obligation to provide the Customer with the Services in accordance with these GTC shall cease. The Customer is notified of the expiry date - by a notice on the subscription kit and in the Portal in their user account.

The Customer acknowledges that in the event that the Goods have been properly delivered to the Customer but the Goods are defective, the Customer may proceed in accordance with the article of these GTC - Liability for Defects, Damaged Goods and Claims and claim the Goods.

The Customer acknowledges that if the Goods have been lost, but if the Customer is still interested in the Services of DNAmeter s.r.o., the Customer may re-purchase the Goods at the price stated in the current price list of DNAmeter s.r.o.

The Customer acknowledges that the Partner may not be able to process the sample and the laboratory process may lead to errors. The Partner may not be able to process the sample because the biological sample does not contain sufficient DNA, the Customer fails to provide sufficient biological sample or fails to follow the instructions for use of the Goods. If the initial processing fails for any of these reasons, the Customer will be contacted and offered a new sample kit and the Service will be re-provided.

By using the Services, the Customer agrees not to use any information provided by the DNAmeter s.r.o. Service for diagnostic, preventive, therapeutic, or medical rehabilitation, nursing, or health care decisions and procedures before seeking professional advice from a physician or other qualified health care professional. Always contact your physician or other qualified health care professional.

The Customer acknowledges that in order to provide the Service, the Customer is required to register for a Registration (user) account on the Portal.

The Customer is obliged to register himself, and the Goods, on the Registration (user) account in the Portal before submitting the sample of biological material to the collection centre. Without registration, DNAmeter Ltd. is unable to provide the Customer with the Services. The Customer acknowledges that in the event that it fails to register the Collection Kit, the Customer shall not be entitled to a refund and DNAmeter s.r.o.'s obligation to provide the Services to the Customer in accordance with these GTC shall cease.

The sale of Goods and Services of DNAmeter s.r.o. are intended exclusively for persons of legal age, i.e. persons over the age of eighteen.

Item description. A description of the main features of the Goods can be found on the Website. The Services associated with the Goods are an integral part of the Goods. The Customer may order the Services at the same time or in sequence with the Goods listed and illustrated on the Website.

Inspection of Goods. The Customer shall inspect the Goods, their characteristics and quantity as soon as possible after receipt of the Goods. In the event that the Goods are delivered to the Customer damaged, the Customer is entitled to claim the damaged Goods in accordance with the article GTC - Liability for defects, damaged Goods and claims.

Displaying the result. DNAmeter s.r.o. communicates the result of the DNA analysis only through the Registration (user) account. The Customer acknowledges that in order to communicate the DNA analysis result in the Portal, it is necessary to follow the instructions provided to the Customer by DNAmeter s.r.o.

Purchase of goods/services - Eshop order form

Order. The order is executed as follows:

• The customer is obliged to fill in the order form on the e-shop. The order form contains: Customer's personal data, delivery and billing address for delivery of the Goods, email and phone number and, if applicable, other data required by DNAmeter s.r.o.

• Before confirming the order form (basket in the e-shop), please review the completed details and make sure that the quantity of Goods/Services and all your information is correct and matches your requirements.

• By confirming the order form, you confirm that you are legally competent to enter into binding contracts and that you are at least eighteen (18) years of age.

• You cannot change an order that has already been confirmed, but you can cancel it, but only if the Goods have not yet been packed and shipped at the time your email sent to podpora@dnameter.com is recorded and within the statutory period of 14 days at the latest.

Order processing. All orders are subject to acceptance by DNAmeter s.r.o., which confirms this acceptance to the Customer by closing the order form. The contract will only come into existence when both the Customer and DNAmeter s.r.o. sign the order form. The Contract applies only to the Goods and Services listed in the Order Form in the https://shop.dnameter.com e-shop. DNAmeter s.r.o. shall not be obliged to supply any additional Goods and/or Services not specified in the Order Form on the Website.

Order archive. Contracts concluded between DNAmeter s.r.o. and its Customers are stored in the electronic archive. The contract is archived for a period of five years from the date of its conclusion in accordance with the relevant legislation.

DNAmeter s.r.o. delivers Goods and provides Services only to Customers in the Czech Republic.

Withdrawal from the contract

As a Consumer, the Customer has the right to withdraw from the Contract for the purchase of Goods / provision of Services within fourteen days from the day following the date of receipt of the Goods (the time limit applies generally to the withdrawal from the Contract for the purchase of Goods and Services, since in the case where the Service is also supplied, the Service is supplied exclusively together with the purchase of the Goods and they are inseparable transactions).

Due to the fact that the Goods sold by DNAmeter s.r.o. are delivered in sealed packaging for health and hygiene reasons, it is not possible to withdraw from the Contract in accordance with the wording of these GTC if the Customer has removed the Goods from the packaging and/or otherwise disturbed the packaging.

If the Order consists of multiple items or parts which are delivered on different days, then the withdrawal period (in relation to the Order as a whole) shall end fourteen days after the date on which the last of the items or parts is delivered. It does not apply where the customer buys the goods consecutively, i.e. in two separate orders.

The Customer may withdraw from the Contract by sending a notice of withdrawal to the email address podpora@dnameter.com to DNAmeter s.r.o.

Withdrawal from the Contract must include a clear statement that the Customer wishes to withdraw from the Contract which will include the Customer's name, address, order details and contact details such as telephone number or email address.

Returned Goods must be undamaged, clean, in their original packaging, with original tags and in the condition and value in which the Customer received the Goods. The Goods must be returned complete, i.e. with the accessories supplied, complete documentation and any gifts.

The Customer is obliged to return the goods to DNAmeter s.r.o. no later than thirty days from the date on which DNAmeter s.r.o. was informed of the withdrawal from the Contract to the following return address: DNAmeter s.r.o. , U Pergamenky 1522/5, 170 00 Praha-Holešovice, Czech Republic.

Any return of Goods is at the Customer's own risk. For this reason, we recommend sending the Goods by registered mail. All return delivery costs are the responsibility of the Customer, except where Goods have been sent to you in error.

Company DNAmeter s.r.o. shall refund the Customer the full amount for the Goods returned by the Customer under this article of the GTC. DNAmeter s.r.o. may deduct from the refund an amount equal to the reduction in value of the Goods due to the Customer's handling of the Goods beyond what is necessary to establish the nature, characteristics and functionality of the Goods. In the event that the Customer returns the Goods in damaged packaging, it is not possible to exercise the right of withdrawal in accordance with these GTC and therefore the Customer will not be refunded the price of the Goods/Services, even in part.

If the Customer withdraws from the Contract, the Customer will be refunded the price for the Goods/Services and the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery of the Goods.

Upon return of the Goods, the Customer will receive a confirmation email detailing the amount that has been returned and the Goods that DNAmeter s.r.o. has received back. DNAmeter s.r.o. will refund the money using the same payment method originally used by the Customer to make the payment. DNAmeter s.r.o. will refund the money within thirty days of receipt of the notice of withdrawal, but not earlier than after DNAmeter s.r.o. has received the returned Goods.

Liability for defects, damaged goods and claims

In the unlikely event that the Customer receives defective Goods, the Customer shall be entitled to one of the remedies described in this section. However, a right arising from defective Goods will not arise if the Customer knew before receiving the Goods that the Goods were defective or if the Customer caused the defect.

The rights and obligations of the Contracting Parties regarding rights arising from defective performance shall be governed by the relevant generally binding regulations, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and the provisions of Act No. 634/1992 Coll., the Consumer Protection Act, as amended.

The Customer may exercise the rights from defective performance with DNAmeter s.r.o. by sending an e-mail to podpora@dnameter.com. The Customer is obliged to state in his notification:

• a detailed description of the claimed defect

• order number

• your contact details

• attach evidence of damage to the Goods (photographs)

DNAmeter s.r.o. will examine the returned Goods and within thirty days from the date of receipt of the complaint will inform the Customer by e-mail about the result, or about the refund or replacement.

DNAmeter s.r.o. will process the refund due to the Customer as soon as possible and in any case within thirty days from the date of the email sent to the Customer informing him that he is entitled to a refund for the defective Goods. Refunds will be made to the same payment method originally used by the Customer to make payment (unless otherwise expressly agreed by the Parties).

DNAmeter s.r.o. will pay reasonable postage costs associated with the return of Goods up to the standard postage rate and will not refund any premium delivery component.

The provisions of this Article of the GTC shall also apply mutatis mutandis to the Services.

Security and data protection conditions

The protection and processing of the Customer's personal data of DNAmeter s.r.o. is subject to the following privacy policy, which is available on the website https://dnameter.com and the DNAmeter s.r.o. e-shop https://shop.dnameter.com.

Warranty

Warranty. DNAmeter s.r.o. is responsible to the Customer for the fact that the Goods/Services:

• They have the characteristics agreed between the Parties or (in the absence of agreement) the characteristics described by DNAmeter s.r.o. on the Website and/or the Portal or by the Manufacturer.

• The goods may be used for the purposes specified by DNAmeter s.r.o.

• It meets the requirements set out in the Act.

• The goods are delivered in the agreed quantity and quality.

• The service is provided to the agreed quality and in the agreed manner.

Warranties of the Parties. Each party represents and warrants to the other that it has the requisite legal capacity and authority to enter into, deliver and perform its obligations under the GTC.

Customer Warranty. The Customer represents and warrants to DNAmeter s.r.o. that in relation to whom the Customer orders the Service, the Customer is: (i) his/her own person; or (ii) legal representative/guardian. The Customer also declares that it does not interfere in any way with or infringe the rights of any third party.

Liability of DNAmeter s.r.o. for damages

DNAmeter s.r.o. is not responsible:

• For the Customer's failure to comply with the instructions enclosed with the Goods.

• For errors resulting from third party interference with the Goods/Services of DNAmeter s.r.o. or as a result of their use contrary to their intended use.

• For services provided by entities other than DNAmeter s.r.o., in particular payment service providers and Partners of DNAmeter s.r.o., or for any consequences of their actions or rights and obligations associated with these services.

Consumer protection

In accordance with Article 14 of EU Regulation No 524/2013 on online dispute resolution for consumer disputes, amending Regulation EC No 2006/2004 and Directive 2009/22/EC, the Customer has the right to exercise its rights and claims under the Contract with DNAmeter s.r.o. through online alternative dispute resolution ("ODR"). ODR is provided through a platform operated by the European Commission. The Customer, who is a Consumer, is entitled to use the ODR platform for dispute resolution in the language of his choice. The ODR platform can be accessed online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLangu.

Customers can resolve their disputes in accordance with the EU Directive 2013/11/EU on alternative dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC ("ADR"). The dispute resolution body in your country can be found here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN

The customer has the right to contact DNAmeter s.r.o. for redress if he/she is not satisfied with the way DNAmeter s.r.o. has handled his/her complaint or if he/she believes that DNAmeter s.r.o. has violated his/her rights by sending an e-mail to podpora@dnameter.com.

The customer also has the right to file a complaint with the Czech Trade Inspection Authority.

Intellectual property rights

Unless otherwise stated, the Website, the Portal, the eshop and their individual parts, the user interface, the appearance of icons, graphics, photographs, videos and texts are copyright works within the meaning of Act No. 121/2000 Coll., the Copyright Act. The property rights to the Website, Portal, e-shop and all its content under the Copyright Act belong to DNAmeter s.r.o.

The Customer shall not be entitled to reproduce, modify, decompile, translate, process, combine with another work, include in a database, publicly distribute, make public or otherwise deal with the intellectual property under the preceding paragraph of these GTC.

DNAmeter s.r.o. does not grant consent to use on the basis of these GTC:

• Business names and other names of legal entities.

• Trademarks or other designations used by DNAmeter s.r.o. except as required by their reasonable and customary use in identifying the originator of the Goods/Services.

• In the event that DNAmeter s.r.o. determines that intellectual property rights are being infringed, DNAmeter s.r.o. will remove the infringing content from the website or prevent access to it at its discretion.

Final provisions

Governing law. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of the Czech Republic.

All disputes arising out of or in connection with the Contract, including disputes concerning the existence, validity or termination of the Contract or the consequences of its invalidity, shall be decided exclusively by the competent courts in the Czech Republic.

The provisions of this Agreement are severable, and if any part is found to be invalid, illegal or unenforceable, the validity or enforceability of the remaining parts shall not be affected.

A higher power. Neither Party shall be in breach of the Agreement or liable for damages if the failure to perform is caused by an event or circumstance (or combination of events or circumstances) that such Party could not have reasonably foreseen and that is beyond its reasonable control, including, but not limited to, a power outage, internet outage, natural disaster, weather event, war, riot, insurrection, epidemic, strike, flood, act of terrorism, third party violation, failure, outages or delays by an Internet service provider or hosting provider, denial of service attack or other events beyond the reasonable control of such party ("Force Majeure Event"); The following events shall always be considered Force Majeure Events with respect to DNAmeter s.r.o.: (i) power failure; (ii) natural disaster; (iii) failure or delay of telecommunications networks, internet, hosting, hardware, software; (iv) damage to DNAmeter s.r.o.'s systems and infrastructure, including viruses, cyber-attacks.

Change of GTC. DNAmeter s.r.o. has the right to revise and amend these GTC. The current version is always available on the DNAmeter s.r.o. website https://shop.dnameter.com. The Customer will be governed by the GTC in force at the time the Customer orders Goods/Services from DNAmeter s.r.o., unless a change to these GTC is required by law or governmental authority (in which case it will apply to the Customer's previously placed orders) or unless the Customer notifies DNAmeter s.r.o. of a change to these policies or terms and conditions.r.o. notifies the Customer before sending the Customer an order acknowledgement (in which case DNAmeter s.r.o. shall be entitled to assume that the Customer has accepted the change in terms and conditions unless DNAmeter s.r.o. is notified to the contrary by the Customer within seven working days of receipt of the Goods). If the Customer does not agree to such a change to the Terms and Conditions, the Customer must cease using the Website and withdraw from using the Services. If the Customer continues to use the Website and Services, the Customer will be deemed to have accepted the amended GTC.

Contact details. If you have any questions, you can contact DNAmeter s.r.o. at the e-mail address podpora@dnameter.com or at its registered office at U Pergamenky 1522/2, 170 00 Praha 7 - Holešovice.