Terms and conditions
Arkus AI AB is a registered private healthcare provider in Sweden. It provides services of genetic tests and hereditary genetic risk analysis, as well as genetic counseling
These terms and conditions (the “Agreement“) apply to services (“Service”) provided by Arkus AI AB, org. nr. 559239-8811, (“Company“) and via website “www.eiira.se” (Website). The Agreement is between the Company and Customers/Patients/Users (“Customer”) who register an account and/or purchase products via Website. By accepting these terms and conditions, the Customerunderstands what services consist of.
For Swedish residents, the Customer must be 18 years or older in order to purchase the Service. For other countries, the Customer may not purchase Service if (1) the Customer are not of legal age to form a binding contract with the Company, or (2) the Customer is not allowed to receive the Services under the laws of the jurisdiction in which the Customer are resident or from which the Customer uses the Services.
3. Description of Services
The Company provides services of genetic tests and hereditary genetic risk analysis, as well as genetic counseling.
- Eiira Genetic Profiles: the aim is to provide Customers with their genetic predispositions so that they can make informed decisions in relation to hereditary diseases. For this, genetic tests such as Whole Genome Sequence or Whole Exome Sequence test are offered. As risks of hereditary diseases are affected by multiple factors, of which two of most important factors are personal information and family tree and medical history. The risk analysis is performed based on these three sources of information. The Genetic Profiles also provide genetic risk management options to help Customers further in making their decisions.
- Genetic Counseling via video meetings: it helps Customers to understand genetic testing, risk predisposition analysis and how that can be used in a beneficial way. Three steps involved: 1) Customer provides personal and (optional) family tree and medical history; 2) A Company’s genetic counselor analyzes the information; and 3) the genetic counselor counsels the Customer in a video meeting.
4. Order and Purchase of the Services
Orders: The Customer can order Company’s Services by following the process outlined in the Website. The Customer acknowledges that by placing an order at the Website the Customer will be under an obligation to pay for the Services.
The Customer is asked to read and check carefully the order at each stage of the order process. By submitting an order through the Company’s Website, the customer is confirming that the payment details provided on the order are valid and correct. The contract between the Customer and the Company will only be effective when the Company receives the payment. The Company will charge the amount due on the Customer’s chosen payment method among those listed on the Website after the Company receives the order.
In the event that the Customer changes the contact details after the purchase of the Services, it will be the Customer’s sole responsibility to inform Company of such changes, so that Company can contact the Customer about the order if necessary.
The price of the Services will be specified on the Website and it may change from time to time, but changes will not affect any order the Company has already accepted.
Purchase: Prices are shown on the Website. The exact price of the purchase is shown at the check out of the purchasing process. To purchase the Services, the Customer follows the steps guided by the Website and makes payment.
5. Withdrawal and Termination
Withdrawal: As a consumer, the Customer has the right to withdraw from this agreement after the purchase of the Service. For Genetic Profile products, the Customer can exercise such rights by notifying the Company at firstname.lastname@example.org, within 14 (fourteen) days from the receipt of the sample collection kit. Please note that it will not be able to withdraw from this agreement after the Company has received the sample collection kit filed with the biological material, since the Company will start to perform a service with the same “customized” nature.
For the product of counseling services that include analyzing the Customer’s information and video meetings, the Customer may withdraw from this agreement before the Company starts analyzing the information, because of the nature of the analysis to be considered as a “customized” service. After the Company starts the information analysis, the Customer is allowed to withdraw, but the Customer will only be refunded 50% of the paid price. The Customer may not withdraw 24 hours or less before the video counseling session starts. The Customer will not be refunded and the Service delivery is considered as being completed if the Customer fails to join the video meeting. The Company is not responsible for any technical problem or any other problems that the Customer has and that prevent the Customer from joining the video meeting.
Termination: The Company may at any time, terminate this agreement if: (1) the Customer has acted in a manner which shows that the Customer does not intend to, are unable to comply with, or the Customer has breached any of the provisions of the Agreement; (2) is required to do so by law (for example, unlawfulness of the provision of the Services provided to the Customer); (3) the Services are no longer provided by the Company in the Customer’ country of residence or in which the Customer uses the Services; or (4) at its sole discretion, the Services are no longer commercially available.
6. Patient consent
By accessing the Company’s Services, the Customer agrees to acknowledge and represent as follows:
The Customer gives consent to the Company to perform, with reference to the Genome Sequencing Test, sequencing and genotyping services on the DNA extracted from The Customer’s saliva or blood. The Company will only disclose the results of the performed analysis to The Customer or to anyone that legally represents The Customer or that the Customer has specifically authorized. The Customer understands and accepts that any information the Customer learns 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 ascertain the state of The Customer’s health.
The Customer understands that the results of the Genetic profiles including the Genome Sequencing Test results and risk assessment and recommendations of risk management options are only intended for informational purposes. They are not medical advice nor diagnosis.
The Customer hereby understands that the test and genetic risk analysis can lead to the detection of an increased risk of diseases such as cancer and others and that the test and genetic risk analysis may lead to the revelation of previously unknown family ties.
Furthermore, the Customer understands that the samples sent to the Company will be analyzed by a subcontract lab. Resulted test and analysis data will be retained by the Company. The Company shall take the technical and organizational measures required in accordance with the applicable Data Protection Regulations and thereby take all measures regarding security in connection with this type of processing. The Customer has the right to withdraw consent at any time for data storage. In that case, the Customer’s test and analysis data will be deleted, and the Customer will be notified. If the Customer wishes to withdraw consent, the Customer must contact the person responsible for Personal Data via email@example.com.
The Customer represents that he/she is eighteen (18) years old or more if The Customer is providing a sample or accessing the Customer’s genetic or health information. The Customer confirms and declares that providing a sample to the Company is not subject to any restriction in the country in which The Customer resides and that the Customer’s sample and data may be transferred and/or processed outside the country in which the Customer resides.
The Customer will be solely responsible for all the possible consequences resulting from The Customer’s sharing with others the access to The Customer’s genetic or health information and/or The Customer’s report containing The Customer’s analysis results. Whether The Customer shall give The Customer’s explicit consent for the processing of The Customer’s genetic or health data for research purposes, pursuant to the Company’s Privacy Information, The Customer understand and acknowledge that providing any sample containing The Customer’s blood or The Customer’s biological material or having The Customer’s genetic or biological information processed or providing The Customer’s medical records or any other information about The Customer’s health condition will not give The Customer any property and/or other rights in any research that may be developed by the Company or its collaborating partners. The Customer specifically understands that The Customer will not receive compensation for any research that includes or result from the processing of The Customer’s health or genetic information or any other information The Customer may provide to the Company within the performance of the Services.
The Customer agree that in case of breach of any one of these representations the Company has the right to refuse to provide any and all Services (or any portion thereof) and The Customer shall indemnify and hold the Company harmless against any liability, costs, or damages arising out of the breach of the representation.
7. Product Delivery
The Company reserves the right to change the sampling method and/or laboratories during the contract period.
In the event of a delay that was not caused by the Company and could not be foreseen, the Company has the right to extend the time for performing the service.
The Company has the right to change the range of services. The Customer will be notified of such changes via the sms and/or email.
The Company has the right to implement amendments and additions to the Agreement. Such changes and additions are published in and communicated via the Portal. Customers who do not accept the new terms have the right to immediately terminate the Agreement prematurely within ten (10) days in accordance with clause 7 above. If the Customer has not terminated the Agreement within this time, the Customer is deemed to have accepted the new terms.
9. Handling of Personal Data and Patient Information
10. Limitation of Liability
The Company, within the limits allowed by applicable laws, shall not be liable for breach-of-contract damages that could not reasonably have foreseen on entering into this agreement. That includes any direct, indirect, incidental, special, consequential or exemplary damages related – but not limited – to (a) losses that were not caused by the Company’s breach of contract; (b) the use or the inability to use the Services; (c) any action the Customer take based on the information/results the Customer receives after purchasing and using the Services; (d) the use or access to The Customer’s reports results that was not caused by the Company or (e) statements or conduct of any third party on the Services.
The Company is not responsible for interruptions in the service or in availability caused by: i) a fault in the User’s hardware/equipment, connection network, the User’s software or faults in software constituting third-party products that the Company is unable to correct despite the fact that it has attempted to correct or work around them in a professional manner; ii) other circumstances for which the User is responsible under the Agreement; (iii) viruses or other attacks on security despite the fact that the Company has adopted professional measures; or (iv) circumstances constituting force majeure under paragraph 11 below.
11. Disclaimer of Warranties
The Company makes no warranty that the Services and/or the quality of any products, information, or other material purchased or obtained by The Customer through the Services will meet The Customer’s expectations.
Moreover, by accepting the Agreement the Customer also acknowledges that no advice or information related to the Services, whether oral or written, obtained by the Customer from the Company shall create any warranty if not expressly stated in the Agreement.
Finally, the Customer accepts that: 1) the Company does not qualify as medical and/or professional advice on The Customer’s health condition and does not substitute the advice of qualified professionals; 2) The tests and risk assessments taken via the Company never replace traditional healthcare. The Company is not a substitute for traditional healthcare but a complement.
12. Force Majeure
The Company does not pay any compensation as a result of strikes, fire, government authority action, labour disputes, accidents, errors or delay by subcontractors, service outages in public communications systems or other circumstances that are beyond the Company’s control, that the Company could not reasonably account for and that the Company could neither avoid nor control. In the event a circumstance that falls under this article remains following a period of thirty (30) days, both parties have the right to terminate the Agreement with immediate effect.
The Customer must state the email address and telephone number to which he or she wishes to receive confirmations and information on offered products and services from the Company. The Customer is able to opt out from any mailing list at any point. In the event the contact details change during the term of the agreement, the Customer is responsible for notifying the Company about this without any delay. Cancellation or other notifications should be communicated via email.
The notification under this Agreement is considered to be delivered:
a) if sent by email or text message when delivery to the recipient is confirmed
b) if sent by registered mail: two working days after posting, or
c) if sent by courier: upon delivery/acceptance by the recipient
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 an unrestricted right to engage subcontractors to fulfill its rights and obligations under this Agreement.
15. Applicable law and settlement of disputes
The agreement is subject to Swedish law. Any legal disputes and proceedings must be settled in accordance with Swedish law by a general court, with Stockholm District Court as the court of first instance unless otherwise agreed.