1. Background

Arkus AI AB is a registered private healthcare provider in Sweden. The company provides services for genetic testing and genetic risk analysis as well as genetic counseling.

These terms and conditions ("Agreement") apply to services ("Service") provided by Arkus AI AB, org. no. 559239-8811, ("Company") and through the website "www.eiira.se"(the Website). The Agreement applies between the  Company  and Customers/patients/users ("Customer") who register an account and/or purchase products through the  Website. By accepting these terms, the Customer understands what the services consist of.  

2. Prerequisites

For residents of Sweden, the Customer must be 18 years or older to purchase the Service. For other countries, the Customer may not purchase the Service if (1) the Customer is not of legal age to enter into a binding contract with the Company, or (2) the Customer may not receive the Services under the laws of the jurisdiction in which the Customer resides or from which the Customer uses the Services.

3. Description of the services

The company provides genetic testing and genetic risk analysis services and genetic counseling.

1. Eiira Genetic Profiles: The aim is to provide customers with information about their genetic makeup so that they can make informed decisions about hereditary diseases. For this purpose, genetic tests such as Whole Genome Sequence or Whole Exome Sequence are offered. As the risks of hereditary diseases are influenced by several factors, two of the most important being personal information, family tree and medical history. The risk analysis is performed on the basis of these three sources of information. The genetic profiles also offer genetic risk management options to help customers make their decisions.
2. Genetic counseling via video meetings: It helps clients understand genetic tests, risk analysis and how they can be used beneficially. Three steps are included: 1) Customer provides personal and (optional) family tree and medical history. 2) The company's genetic counselor analyzes the information. 3) The genetic counselor advises the client in a video meeting.

Please note that the customer's personal data is needed to deliver the product. The company treats the customer's data seriously. The privacy policy describes the details.

4. Ordering and purchasing the services

Orders: The Customer may order the Company's services by following the process described on the Website. The Customer confirms that by placing an order on the Website, the Customer is obliged to pay for the services.

The customer is advised to read and check the order carefully at each stage of the ordering process. By submitting an order via the Company's website, the Customer confirms that the payment details provided in the order are valid and correct. The contract between the Customer and the Company only comes into force once the Company has received the payment. The Company will debit the amount due on the Customer's chosen payment method among those listed on the website after the Company has received the order.  

If the Customer changes their contact details after the purchase of the Services, it is the Customer's responsibility to inform the Company of such changes so that the Company can contact the Customer about the order if necessary.  

The price of the services is indicated on the website and may change from time to time, but changes do not affect an order already accepted by the company.

Buy: Prices are displayed on the website. The exact price of the purchase is shown when checking out in the purchase. To purchase the services, the customer follows the steps guided by the website and makes the payment.

5. Withdrawal and dismissal  

Withdrawal: The customer, as a consumer, has the right to withdraw from this contract after the purchase of the service. In the case of Genetic Profile products, the Customer may exercise this right by notifying the Company at customer-service@eiira.se within 14 (fourteen) days of receipt of the sampling equipment. Please note that it will not be possible to withdraw from this agreement after the Company has received the sampling kit with the biological material, as the Company will start performing a service of the same "customized" nature.   

In the case of advisory services involving analysis of the customer's information and video conferencing, the customer can withdraw from the contract before the company starts analyzing the information, as the nature of the analysis is such that it can be considered a "tailor-made" service. After the company has started analyzing the information, the customer can withdraw from the contract, but the customer will only get back 50% of the price paid. The customer cannot withdraw 24 hours or less before the video advice starts. The customer does not receive a refund and the service delivery is considered completed if the customer does not participate in the video meeting. The company is not responsible for any technical or other problems experienced by the customer that prevent the customer from participating in the video meeting.

Termination: The Company may terminate this Agreement at any time if: (1) the Customer has acted in a manner that demonstrates that the Customer does not intend to comply, cannot comply, or has violated any of the provisions of the Agreement; (2) is required to do so by law (for example, unlawfully providing the Services to the Customer); (3) the Services are no longer provided by the Company in the country where the Customer resides or where the Customer uses the Services; or (4) the Services are no longer commercially available.  

6. Patient consent

By accessing the company's services, the customer agrees and assures the following:

The Customer consents to the Company, with reference to the Genome Sequencing Test, performing sequencing and genotyping services on DNA extracted from the Customer's saliva or blood. The Company will only disclose the results of the analysis performed to the Customer or to someone legally representing the Customer or specifically authorized by the Customer. The Client understands and accepts that any information the Client receives from the Services is not medical and/or clinical advice. It is not designed to independently diagnose, prevent or treat any condition or disease or to determine the Client's state of health.  

The customer understands that the results of the genetic profiles, including the results of the genome sequencing test, risk assessment and recommendations on risk management options are for information purposes only. They do not constitute medical advice or diagnosis.  

The customer hereby understands that the test and genetic risk analysis may lead to the detection of an increased risk of diseases such as cancer and other diseases and that the test and genetic risk analysis may lead to the disclosure of previously unknown family relationships.

Furthermore, the customer is aware that the samples sent to the company will be analyzed by a subcontracted laboratory. The Company will retain the results of the testing and analysis. The Company shall take the technical and organizational measures required in accordance with the applicable data protection regulations and thus take all measures relating to security in connection with this type of processing. The Client has the right to withdraw its consent to the storage of data at any time. In this case, the Customer's test and analysis data will be deleted and the Customer will be informed accordingly. If the Customer wishes to withdraw its consent, the Customer should contact the person responsible for personal data via customer-service@eiira.se.

The Customer declares that he/she is at least eighteen (18) years old if the Customer provides a sample or accesses the Customer's genetic or health information. The Customer acknowledges and declares that the provision of a sample to the Company is not subject to any restrictions in the Customer's country of residence and that the Customer's sample and data may be transferred and/or processed outside the Customer's country of residence.  

Customer is solely responsible for any consequences resulting from Customer sharing access to Customer's genetic or health information and/or Customer's report containing Customer's test results with others. Regardless of whether Customer gives Customer's express consent to the processing of Customer's genetic or health information for research purposes, in accordance with the Company's Privacy Notice, Customer understands and acknowledges that the provision of a sample containing Customer's blood or Customer's biological material or the processing of Customer's genetic or biological information or the provision of Customer's medical records or other information about Customer's health status does not give Customer any proprietary and/or other rights to research that may be developed by the Company or its collaborators. The Client specifically understands that the Client will not receive any compensation for any research involving or resulting from the processing of the Client's health or genetic information or any other information that the Client may provide to the Company in connection with the performance of the Services.

The Customer agrees that the Company has the right to refuse to provide any Services (or part thereof) in the event of a breach of any of these obligations, and the Customer shall indemnify the Company against any liability, costs or damages arising from the breach of the obligation.

7. Delivery of products

The company reserves the right to change the sampling method and/or laboratories during the contract period.

In case of unforeseeable delays not caused by the company, the company has the right to extend the time for providing the service.

8. Amendments

The Company has the right to change the range of services. The Customer will be notified of such changes by SMS and/or e-mail.

The company has the right to make changes and additions to the contract. Such changes and additions are published in and communicated via the Portal. Customers who do not accept the new conditions have the right to immediately terminate the Agreement early within ten (10) days in accordance with paragraph 7 above. If the Customer has not terminated the Agreement within this period, the Customer is deemed to have accepted the new conditions.

9. Handling of personal data and patient information

The company treats customer data seriously and takes measures in accordance with laws and regulations. The privacy policy contains the details.

10. Limitation of liability 

The Company shall, to the extent permitted by applicable law, not be liable for damages due to breach of contract that could not have been reasonably foreseen at the time of entering into this agreement. This includes any direct, indirect, incidental, special, consequential, or exemplary damages related - but not limited - to (a) losses not caused by Company's breach of contract, (b) the use or inability to use the Services, (c) actions taken by Customer based on the information/results Customer obtains after purchasing and using the Services, (d) use of or access to Customer's report results not caused by Company, or (e) statements or conduct of third parties on the Services.

The Company shall not be liable for interruptions in the service or availability caused by: (i) faults in the user's hardware/equipment, connection network, the user's software or faults in software consisting of third-party products which the Company is unable to rectify despite having attempted to rectify or circumvent them in a professional manner; (ii) other circumstances for which the user is responsible under the agreement; (iii) viruses or other security attacks despite having taken professional measures; or (iv) circumstances constituting force majeure as referred to in paragraph 11 below.

11. Discharge of guarantees 

The Company does not guarantee that the Services and/or the quality of products, information or other materials purchased or obtained by the Customer through the Services will meet the Customer's expectations.  

In addition, by accepting the Agreement, the Customer confirms that no advice or information about the Services, whether oral or written, obtained by the Customer from the Company shall create any warranty unless expressly stated in the Agreement.

Finally, the client agrees that: 1) The company cannot be considered as medical and/or professional advice on the client's health condition and does not replace the advice of qualified professionals. 2) The tests and risk assessments made through the company never replace traditional health care. The company does not replace traditional health care but is complementary.

12. Force majeure

The Company will not pay any compensation as a result of strikes, fires, government actions, labor disputes, accidents, subcontractor failures or delays, interruptions in public communication systems, or other circumstances beyond the Company's control, which the Company cannot reasonably account for and which the Company can neither avoid nor control. If a circumstance covered by this article persists after a period of thirty (30) days, both parties are entitled to terminate the agreement with immediate effect.  

13. Announcements

The customer must indicate the e-mail address and telephone number to which he or she wishes to receive confirmations and information on products and services offered by the company. The Customer can unsubscribe from all mailing lists at any time. If the contact details change during the validity of the Agreement, the Customer is responsible for notifying the Company without delay. Termination or other notifications shall be communicated by e-mail.  

The message under this agreement is deemed to have been delivered:
a) if sent by e-mail or SMS, when the recipient has received confirmation of delivery
b) if sent by registered mail: two working days after dispatch, or
c) if sent by courier: when the recipient has delivered/accepted it.

14. General conditions 

The Customer has no right to transfer this Agreement and/or its rights or obligations hereunder to a third party.

Arkus has the unrestricted right to use subcontractors to fulfill its rights and obligations under this agreement.

15. Applicable law and dispute resolution

The Agreement is governed by Swedish law. Any legal disputes and proceedings shall be settled in accordance with Swedish law by a public court, with Stockholm District Court as the first instance unless otherwise agreed.