PUBLIC OFFER

for the provision of services

(Service Agreement)

Editorial dated April 17, 2026

Individual entrepreneur Havrylyuk Yevheniy Serhiyovych, providing services under the trademarks Apixmed and Apixmed Prism (hereinafter referred to as the “Contractor”), guided by Articles 633, 641, 642 of the Civil Code of Ukraine, offers an unlimited number of individuals (hereinafter referred to as the “Customer”) to conclude an Agreement for the provision of genetic testing and/or interpretation of genetic data services (hereinafter referred to as the “Agreement”) on the terms set out below.

 

The fact of acceptance of this offer (Acceptance) is the Customer's performance of any of the following actions: placing an order on the Site, making payment for the Service, uploading genetic data for interpretation, or receiving a Biomaterial Collection Kit. Performance of any of these actions means the Customer's full and unconditional acceptance of all terms and conditions of this Agreement without any exceptions or reservations.

1. TERMS AND DEFINITIONS

1.1. In this Agreement, the following terms are used with the following meanings:

1.1.1. "Service" - genetic testing and/or interpretation of genetic data using the Apixmed Prism program, provided in the format and scope determined by the Service Package selected by the Customer in accordance with the Specification.

1.1.2. "Specification" - the document "Specification of Apixmed Prism Services", posted on the Site, which defines the list of available Service Packages, their composition, cost and terms of provision and is an integral part of this Agreement.

1.1.3. "Service Package" / "Package" - a separate version of the Service with a specific composition, described in the Specification. The Package may be presented in the form of:

a) "Test" - A package covering a specific thematic set of characteristics (for example, susceptibility to specific groups of diseases);

b) "Panels" - an expanded Package that combines several thematic areas of analysis into a single comprehensive report.

c) Each Test and each Panel may be provided in the “With Analysis” Option or in the “Interpretation” Option, as described in paragraphs 1.1.4–1.1.5.

1.1.4. "Option "With Analysis"" - a type of Service that provides for the provision of a physical Kit for self-collection of biomaterial (saliva) or buccal swab and conducting a full laboratory DNA analysis with subsequent formation of a Genetic Report.

1.1.5. “Interpretation Option” is a type of Service that provides exclusively for the interpretation of Raw Genetic Data, independently provided by the Customer, without conducting laboratory analysis and without providing the Set.

1.1.6. “Kit” is a sterile kit for self-collection of saliva or buccal swab, containing instructions, a sample tube . The kit, removed from the protective packaging, is not subject to return or exchange.

1.1.7. "Biomaterial" - a sample of the Customer collected independently using the Kit.

1.1.8. “Raw DNA data” means a digital file with genotyping results obtained by the Customer from a third-party provider and provided for interpretation under the “Interpretation” Option. Supported formats: 23andMe text file (.txt), AncestryDNA file (.txt / .csv), VCF format (.vcf). The current list of supported formats is posted on the Site.

1.1.9. "Genetic Report" / "Report" - a personalized document containing the results of the analysis and/or interpretation of the Customer's genetic data, available through the Personal Account and in PDF format.

1.1.10. "Personal Account" - a protected online section on the Site with individual access to the Customer, where the Report and related materials are posted.

1.1.11. "Site" - the official website of the Contractor, through which orders are placed, payment is made and access to the Personal Account is provided.

1.1.12. "Genetic data" - special category personal data related to the Customer's inherited or acquired genetic characteristics, obtained as a result of the analysis of Biomaterial or the interpretation of Raw Genetic Data.

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to provide the Customer with the Service of genetic testing and/or interpretation of genetic data using the Apixmed Prism program within the scope and scope of the selected Service Package, and the Customer undertakes to accept and pay for such Service under the terms of this Agreement.

2.2. The list of available Service Packages (Tests and Panels), their detailed composition, cost and terms of provision are determined by the Apixmed Prism Service Specification posted on the Site. The Specification is an integral part of this Agreement. The current version of the Specification is valid at the time of placing and paying for the order.

2.3. Regardless of the selected Package, the Service is provided in one of two Options or a combination thereof in accordance with the Specification:

2.3.1. Option "With analysis" - includes provision of a Kit for self-collection of biomaterial (saliva), laboratory DNA analysis and generation of a Genetic Report. The Kit is delivered by Nova Poshta.

2.3.2. Option "Interpretation" - The Customer independently provides Raw genetic data; The Contractor interprets them and generates a Genetic Report. The kit and laboratory analysis are not provided.

2.4. The specific composition of each Package (in particular, the availability of specialist consultation , type and scope of the Report, number of analyzed markers, etc.) is determined by the Specification.

2.5. In the "Interpretation" Option, the Contractor is not responsible for the quality, accuracy or completeness of the Raw Genetic Data provided by the Customer from a third-party provider. The Contractor performs the interpretation solely on the basis of the provided data and does not guarantee a result similar to the "With Analysis" Option.

2.6. The Service in any Option and any Package is not a medical service within the meaning of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare". The results of testing and interpretation are for informational purposes only, are not a medical diagnosis, do not replace a doctor's consultation and cannot be used as a basis for self-medication.

2.7. The customer may be:

2.7.1. an individual who has reached the age of 18 (adult);

2.7.2. legal representative (father, mother, adoptive parent, guardian) of a minor - in this case, the Customer confirms the presence of appropriate authority and provides explicit consent on his behalf as a representative. The Customer is responsible for the legality of the representation.

3. ORDERING PROCEDURE AND OFFER ACCEPTANCE

3.1. To place an order, the Customer registers or logs in to his/her Personal Account on the Site, selects the Service Package and the appropriate Option, and then makes an online payment with a bank card.

3.2. Depending on the selected Option, the Customer additionally:

3.2.1. for the Option "With Analysis" - receives the Kit, independently collects saliva in accordance with the attached instructions and sends the sample to the laboratory in the manner specified in the instructions;

3.2.2. for the "Interpretation" Option - uploads the Raw Genetic Data file through the Personal Account in one of the supported formats: 23andMe text file (.txt), AncestryDNA file (.txt / .csv) or VCF format (.vcf).

3.3. The Agreement is considered concluded from the moment of Acceptance - the first of the following actions by the Customer: payment for the Service or downloading Raw Genetic Data.

3.4. After placing the order, the Customer receives a confirmation to the email address specified during registration, with order details and further instructions.

3.5. The Contractor reserves the right to refuse to place an order if signs of fraud, provision of inaccurate data or violation of the terms of this Agreement are detected, returning the funds paid to the Customer in full.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of each service and Service Package is determined by the Specification posted on the Site. The price is fixed on the date of payment and is not subject to unilateral revision after order confirmation.

4.2. Payment is made in the national currency of Ukraine (hryvnia) by online payment by bank card directly on the Site or by bank transfer to the Contractor's account .

4.3. The cost of delivery of the Kit by Nova Poshta (for the Option "With Analysis") and return delivery of the Biomaterial to the laboratory are included in the cost of the respective Services , unless otherwise expressly stated in the Specification.

4.4. The date of payment is the date of crediting the funds to the Contractor's account. The Contractor shall provide a fiscal document (check or receipt) in electronic or printed form in accordance with the requirements of the current legislation of Ukraine.

5. TIMELINES AND PROCEDURE FOR PROVISION OF SERVICES

5.1. The terms of provision of the Service for each Package are determined by the Specification. The general indicative terms are as follows:

5.1. 1. laboratory analysis and preparation of the Report (Option "With analysis") - from 8 to 16 weeks from the date of receipt by the Contractor of a sample suitable for further analysis ;

5.1. 2. interpretation and preparation of the Report (Option "Interpretation") - up to 10 business days from the date of receipt by the Contractor of a file of suitable format and quality , as well as payment for the relevant Interpretation Services .

5.2. The Contractor shall notify the Customer of readiness of the Report via an email sent to the Customer's email address and / or in another manner specified by the Customer .

5.3. If the provided Raw Genetic Data file is not supported or is of poor quality, the Contractor shall notify the Customer within 3 business days. The Report preparation period begins from the date of receipt of the correct file.

5.4. A kit removed from protective packaging is considered open and cannot be returned or exchanged. If the Biomaterial is unsuitable for analysis through no fault of the Customer (kit defect, laboratory error), the Contractor shall provide a second kit free of charge. If the unsuitability is caused by the Customer’s violation of the instructions, one second kit shall be provided by the Contractor free of charge; in the case of a second poor-quality sample, at the expense of the Customer.

5.5. The Service is considered to be properly provided from the moment the Customer is provided with access to the Report in the Personal Account and the Report is sent in PDF format to the Customer's email address.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Contractor undertakes to:

6.1.1. provide the Service in the composition and scope determined by the selected Package in accordance with the Specification;

6.1.2. timely provide the Kit (Option "With Analysis") or accept the Raw Genetic Data (Option "Interpretation");

6.1.3. ensure that laboratory analysis and/or interpretation is carried out within the established deadlines;

6.1.4. provide access to the Genetic Report after processing is complete;

6.1.5. ensure the confidentiality of the Customer's genetic and personal data in accordance with Section 8 of this Agreement;

6.1.6. provide technical support regarding the use of the Service.

6.2. The Contractor has the right:

6.2.1. engage accredited laboratory partners to conduct the analysis; in this case, the Contractor shall be responsible for the actions of such partners within the scope of its obligations under this Agreement;

6.2.2. refuse to accept Raw Genetic Data of unsupported format or of dubious origin, notifying the Customer with reasons;

6.2.3. refuse to provide the Service or cancel the order if signs of fraud or violation of the terms of the Agreement are detected, returning the funds paid;

6.2.4. to make changes to the Specification and terms of this offer in accordance with the procedure established by Section 12.

6.3. The Customer undertakes:

6.3.1. provide accurate personal data when placing an order;

6.3.2. for the Option "With analysis" - independently collect saliva strictly in accordance with the Contractor's instructions;

6.3.3. for the "Interpretation" Option - provide a file of Raw genetic data, obtained legally directly from the Customer or his legal representative, in a supported format;

6.3.4. maintain the confidentiality of access data to the Personal Account and immediately notify the Contractor of any unauthorized access;

6.3.5. not to use the results of the Service as a medical diagnosis and not to engage in self-treatment based on the Report.

6.4. The Customer has the right:

6.4.1. receive the Service in the scope and within the terms specified in the selected Package;

6.4.2. contact the Contractor's support service regarding any issues related to the Service;

6.4.3. demand the deletion of their personal and genetic data in accordance with the procedure established by Section 8 of this Agreement.

7. REFUND AND SERVICE CANCELLATION PROCEDURE

7.1. The Customer has the right to a full refund provided that the relevant request is sent to the Contractor before the actual start of the Service provision, namely:

7.1.1. for the Option "With analysis" - before sending the Set by the Contractor;

7.1.2. for the “Interpretation” Option - within 24 hours after uploading the Raw Genetic Data file, if its processing has not yet begun.

7.2. After sending the Kit, but before sending the Biomaterial to the laboratory, the Customer has the right to a partial refund less the actual costs of delivering the Kit. An opened (unpacked) Kit is not subject to return.

7.3. After the transfer of suitable Biomaterial to the laboratory or after the start of processing of Raw genetic data, no refund will be made, since the Service has actually begun and is non-repeatable within the meaning of Part 2 of Article 9 of the Law of Ukraine "On Consumer Rights Protection".

7.4. In the event of failure to provide the Service due to the Contractor's fault, the Customer will be refunded the full cost of the Service or, at the Customer's request, will be given the opportunity to re-test/interpret free of charge within the framework of a similar Package.

7.5. The refund is made within 14 calendar days from the date of receipt by the Contractor of the relevant request from the Customer to the card or account from which the payment was made.

8. PROTECTION OF PERSONAL AND GENETIC DATA

8.1. Placing an order and Acceptance of this Agreement are simultaneously the Customer's express and voluntary consent to the processing of personal data, including genetic data as special category data, in the manner and for the purposes specified in this Agreement and the Contractor's Privacy Policy posted on the Site.

8.2. The Contractor collects and processes the following categories of data:

8.2.1. identification and contact data: full name, telephone number, e-mail, postal address;

8.2.2. genetic data: Biomaterial and/or Raw genetic data, results of analysis or interpretation;

8.2.3. biometric data : age and gender of the Customer .

8.2. 4. data about the Service: order details, fact and method of payment, testing results.

8.3. Purpose of data processing : fulfillment of obligations under this Agreement, provision of the Service, communication with the Customer, compliance with legal requirements, technical support, improvement of the quality of the Service.

8.4. The Customer's genetic data shall not be transferred to third parties, except for accredited laboratory partners engaged exclusively for the performance of the analysis, and in cases expressly provided for by the legislation of Ukraine. Laboratory partners shall be obliged to adhere to confidentiality standards equivalent to this Agreement.

8.5. The Customer has the right at any time:

8.5.1. to access their personal and genetic data processed by the Contractor;

8.5.2. request correction, deletion or restriction of processing of their data;

8.5.3. withdraw consent to data processing by writing to the Contractor , including by e-mail - in this case, further provision of the Service will be impossible.

8.6. Requests regarding personal data shall be sent to the Contractor's email address specified in Section 15 of this Agreement. The Contractor shall be obliged to consider the request within 30 calendar days.

8.7. Physical Biomaterial is stored by the laboratory for the period necessary for analysis and validation of results, after which it is destroyed in accordance with the laboratory protocol.

8.8. The Contractor takes organizational and technical measures to protect data from unauthorized access, disclosure or destruction in accordance with the requirements of the Law of Ukraine "On Protection of Personal Data" and the recommendations of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

9. LIMITATION OF LIABILITY AND DISCLAIMERS

9.1. The service is provided within the current state of science and technology. The Contractor does not guarantee the detection of all possible genetic variants and is not responsible for the incompleteness of the results due to the limitations of genotyping technologies and scientific knowledge on the date of analysis or interpretation.

9.2. The Genetic Report is an informational product only and does not replace a doctor's consultation, medical diagnosis or treatment. The Contractor strongly recommends discussing the results of the Report with a qualified medical professional. Decisions made by the Customer based on the results of the Service are the sole responsibility of the Customer.

9.3. The Contractor is not responsible for:

9.3.1. psychological discomfort or moral damage related to the content of the Report;

9.3.2. any decisions or actions taken by the Customer based on the test results or interpretation;

9.3.3. unsuitability of the Biomaterial due to the Customer's violation of the collection or transportation instructions;

9.3.4. unreliability, incompleteness or inappropriate format of the Raw Genetic Data provided by the Customer;

9.3.5. inability to provide the Service or delays caused by force majeure circumstances.

9.4. The maximum aggregate liability of the Contractor to the Customer for any claims arising in connection with this Agreement may not exceed the cost of the Service Package actually paid by the Customer.

10. INTELLECTUAL PROPERTY

10.1. The trademarks Apixmed and Apixmed Prism, as well as all materials of the program - texts, algorithms, interpretation methodology, Personal Account interface, images and other objects - are objects of intellectual property rights of the Contractor or its licensors and are protected by the legislation of Ukraine.

10.2. The Customer is granted a limited, non-exclusive, non-transferable license to use the Report solely for personal, non-commercial purposes. Any reproduction, distribution, modification or commercial use of the materials without the prior written permission of the Contractor is prohibited.

10.3. Raw genetic data provided by the Customer for interpretation shall remain the property of the Customer. The Contractor shall use them exclusively for the provision of the Service and shall not acquire any rights to such data unless other use is previously agreed with the Customer.

11. DISPUTE RESOLUTION PROCEDURE

11.1. All disputes between the Parties shall be resolved through negotiations. The Customer shall send a written claim to the Contractor's email address specified in Section 15, and the Contractor shall provide a reasoned response within 14 calendar days.

11.2. If the dispute is not resolved in a pre-trial procedure, it shall be referred for consideration to the court at the place of registration of the Contractor in accordance with the requirements of the current procedural legislation of Ukraine.

11.3. The substantive law of Ukraine shall apply to this Agreement.

12. OFFER VALIDITY PERIOD. CHANGES

12.1. This public offer is indefinite and valid until withdrawn by the Contractor. Withdrawal of the offer is carried out by posting a corresponding message on the Site.

12.2. The Agreement shall enter into force from the moment of Acceptance and shall remain in effect until the Parties fully fulfill their obligations.

12.3. The Contractor has the right to unilaterally make changes to the terms of this offer and/or the Specification. Changes to the offer shall enter into force 10 calendar days after their publication on the Site, unless otherwise specified upon publication.

12.4. Changes to the Specification (composition of Services , prices, terms) come into force from the moment of their publication on the Site, but do not apply to orders paid before the changes come into force.

12.5. Continued use of the Service after changes to the offer come into effect is considered the Customer's agreement to the updated terms.

13. FORCE MAJEURE

13.1. The Parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under this Agreement if such failure is caused by force majeure circumstances: natural disasters, military actions, the introduction of a state of emergency or martial law, quarantine, strikes, decisions of state authorities or other circumstances beyond the reasonable control of the Parties that arose after the conclusion of the Agreement.

13.2. The Party affected by force majeure circumstances is obliged to notify the other Party within 5 business days from the moment of their occurrence, indicating the nature of the circumstances and the approximate duration of their effect.

13.3. If force majeure circumstances last for more than 60 calendar days, each Party has the right to terminate the Agreement unilaterally by notifying the other Party. In such a case, the Contractor shall refund the Customer for the unprovided part of the Service.

14. OTHER TERMS

14.1. This Agreement is the entire agreement between the Parties regarding the subject matter of the Agreement and supersedes any prior understandings, negotiations or agreements on this subject matter. The Service Specification and Privacy Policy posted on the Site are integral parts of the Agreement.

14.2. If any provision of this Agreement is declared invalid or contrary to law by a court, this shall not affect the validity of the remaining provisions of the Agreement.

14.3. Inaction or silence of the Contractor in the event of a violation by the Customer of the terms of the Agreement does not constitute a waiver of the right to protect its interests in the future.

14.4. The language of this Agreement is Ukrainian. In the event of any translations, the Ukrainian version shall prevail in the event of any discrepancies.

15. INFORMATION ABOUT THE CONTRACTOR

 

Private entrepreneur Havrylyuk Yevheniy Serhiyovych

 

Email (general): eugene.havryliuk@apixmed.com

Email (support): support@apixmed.com