As of: January 11, 2025

WePrevent-Gesundheitsvorsorge GmbH

FN: 608079 i

(hereinafter referred to as "Seller," or "we" or "us")

English version below.

1. Scope

The following BBLT apply to all contracts between the Seller and a customer as defined in our ALB, which (at a minimum) include the delivery of a test kit for screening for various diseases, such as occult blood in the stool in cases of potential colorectal cancer (hereinafter the “Product”), along with logistics services (i.e., sample analysis at one of our partner laboratories and/or sample pickup and transport).

2. Use of the Seller's Software

The end user of our product has the option of registering themselves via the seller’s web application (hereinafter referred to as the “web app”) when using the test kit, in order to transmit data to the partner laboratories.

Use of the web app is subject to the licensing terms specified by the seller, to which the end user must validly consent before being permitted to use the web app.

The seller is not liable for the continuous availability and/or usability of the web app (not 24/7).

3. Sample Shipping Services

The sample obtained by the end user through use of the product may be sent to one of the seller’s partner laboratories for analysis. Should we agree to advance the shipping costs on a provisional basis, the end user shall reimburse us for the corresponding costs and expenses.

The contract for the delivery of the sample to one of our partner laboratories is entered into directly between the shipping provider selected by the end user via our website and the end user. However, the shipping provider has no obligation to enter into a contract with the end user. The seller acts solely as an intermediary for the conclusion of a transportation contract and assumes no obligation to use reasonable efforts or any obligation to achieve a specific result in this regard.

The shipping carrier selected by the end user is liable for any errors that occur during shipment to the respective laboratory (including any loss of the end user’s sample during transit). The seller cannot be held liable for this, and no defect of any kind in the product shall arise from an error on the part of the shipping carrier. Any attribution of liability from the transportation service provider to the seller (e.g., pursuant to § 1313a ABGB or on the basis of any other legal grounds whatsoever) is excluded. The seller also bears no liability for any errors in the selection of the transportation service provider.

4. Laboratory Services

The end user has the option of having a sample obtained through the use of the product analyzed by one of the seller’s partner laboratories. However, the end user is not entitled to have the sample analyzed at a specific laboratory.

If, at any time, the analysis of the end user’s sample is no longer permitted to be performed by the Seller’s partner laboratories due to a change in the relevant legal requirements, the Seller shall not be held liable for this. In particular, no defect of any kind in the product may be inferred from such a circumstance.

If the end user’s sample is tested by one of our partner laboratories, that laboratory is solely responsible for ensuring that the test result it determines (i) is factually correct and (ii) that, within no more than 72 hours of the end user’s sample being received by the laboratory, (a) a final test result is available and (b) this result is correctly transmitted to us. The Seller cannot be held liable for errors made by the partner laboratory, and no defect of any kind in the product shall arise from an error by the partner laboratory. Any attribution of liability from the respective partner laboratory to the Seller (e.g., pursuant to § 1313a of the Austrian Civil Code (ABGB) or on any other legal basis whatsoever) is excluded. The Seller also bears no liability for any errors in selection. However, the Seller warrants that the selected partner laboratory is an accredited laboratory.

The end user can view the test results pertaining to him or her via our web app after they have been submitted by the contracted partner laboratory, provided that he or she has previously accepted the applicable terms of use.

5. Availability of Services

If a product is used to collect and return a sample after the period specified on the packaging or in the instructions for use has expired, the seller shall not be liable if services as defined in these General Terms and Conditions are no longer available.

6. Obligation to Transfer

The customer, as defined in our ALB, must effectively assign these BBLT to the end user upon resale of the product delivered by the seller to such end user. If the Seller is held liable by an end user for circumstances for which the Seller’s liability under these BBLT is limited or excluded (whether expressly or by implication), the Customer shall fully indemnify and hold the Seller harmless in this regard.

7. Other Provisions

Should any of the foregoing or agreed-upon provisions in these BBLT be legally ineffective, invalid, and/or void, or become so during their term, this shall not affect the legal validity of the remaining provisions. In such a case, the legally ineffective, invalid, and/or void provision shall be replaced by a provision that is legally effective and valid and that, to the extent possible and legally permissible, most closely approximates the economic effect of the replaced provision.

These BBLT are drafted in German and English; however, only the German version is legally binding; the English version is provided for informational purposes only.

Special Conditions for Laboratory and Transportation Services (“BBLT”)

As of: January 11, 2025

WePrevent Health Care, LLC

FN: 608079 i

(hereinafter referred to as “seller,” “we,” or “us”)

1. Scope

The following BBLT apply to all contracts between the seller and a customer as defined in our ALB, which (at a minimum) include the delivery of a test kit for screening for various diseases, such as occult blood in the stool to detect potential colorectal cancer (hereinafter the “product”), including logistics services (i.e., sample testing at one of our partner laboratories and/or sample collection and transport).

2. Use of the Seller's Software

When using the test kit, the end user of our product has the option of registering via a web application provided by the seller (hereinafter referred to as the “web app”) in order to transmit data to the partner laboratories.

Use of the web app is subject to the license terms specified by the seller, to which the end user must give their effective consent before being allowed to use the web app.

The seller is not liable for the continuous availability and/or usability of the web app (not 24/7).

3. Sample transport services

The sample obtained by the end user through use of the product may be sent to a laboratory that works with the seller for testing. If we agree to pay the shipping costs in advance on a provisional basis, the end user shall reimburse us for the corresponding costs and expenses.

The contract for the delivery of the sample to one of our partner laboratories is entered into directly between the carrier selected by the end user through our website and the end user. However, the carrier has no contractual obligation to the end user. The seller acts solely as an agent in the conclusion of a transportation contract and assumes no obligation to use reasonable efforts or any liability for the outcome in this context.

The shipping carrier selected by the end user is liable for any errors in delivery to the respective laboratory (including any loss of the end user's sample during shipping). The seller cannot be held liable for this, and no defect in the product of any kind whatsoever arises from an error on the part of the transportation service provider. The transportation service provider cannot be attributed to the seller (e.g., in accordance with Section 1313a of the Austrian Civil Code (ABGB) or on the basis of any other legal grounds whatsoever). The seller is also not liable for any error in selection.

4. Laboratory Services

The end user has the option of having a sample obtained using the product analyzed by one of the seller's partner laboratories. However, the end user does not have the right to have their sample analyzed by a specific laboratory.

If, at any time, the seller’s partner laboratories are no longer permitted to analyze the end user’s sample due to a change in the relevant legal requirements, the seller shall not be held liable for this. In particular, no defect in the product of any kind may be inferred from such a circumstance.

If the end user’s sample is tested by one of our partner laboratories, the partner laboratory is solely responsible for ensuring that the test result it determines (i) is accurate in terms of content and (ii) that, within a maximum of 72 hours from the time the end user’s sample is received by the laboratory, (a) a final test result is available and (b) this result is correctly transmitted to us. The seller cannot be held liable for errors made by the cooperating laboratory, nor does any defect in the product arise from an error made by the cooperating laboratory. The seller cannot be held responsible for the respective cooperating laboratory (e.g., in accordance with § 1313a ABGB or on any other legal basis). The seller is also not liable for any error in selection. However, the seller warrants that the selected cooperating laboratory is an authorized laboratory.

The end user can view the test results pertaining to him or her after they have been submitted by the contracted partner laboratory via our web app, provided that and to the extent that he or she has previously accepted the applicable terms of use.

5. Availability of Services

If a product is used to collect and return a sample after the period indicated on the packaging or in the instructions for use, the seller shall not be liable if services as defined in these BBLT are no longer available.

6. Transfer of Obligation

The customer, as defined in our ALB, must effectively transfer these BBLT to an end user when reselling the product delivered by the seller. If an end user asserts a claim against the seller based on circumstances for which the seller’s liability is limited or excluded under these BBLT (either expressly or by implication), the customer shall fully indemnify and hold the seller harmless in this regard.

7. Miscellaneous

Should any of the above provisions or provisions agreed upon in these BBLT be or become legally ineffective, invalid, and/or void, this shall not affect the legal effectiveness of the remaining provisions. In such a case, the legally ineffective, invalid, and/or void provision shall be replaced by one that is legally effective and valid and, to the extent possible and legally permissible, most closely approximates the economic effect of the replaced provision.

These BBLT have been drafted in German and English; however, only the German version is legally binding; the English version is for informational purposes only.