MEDBRAMA PLATFORM OFFER AGREEMENT

OFFER (public offer)

on the conclusion of a public agreement on the provision of information services of the MedBrama telehealth system

Carefully read the text of this offer, and if you do not agree with any of its clauses, you are invited to refrain from using the services offered and the Agreement is considered not concluded.

The procedure for concluding the Agreement, the parties to the Agreement

The document, the provisions of which are set out below, is a public offer (public agreement). The terms of the public offer and the public contract are the same for all users (Customers).

Registration on the website of the https://medbrama.com/ is an acceptance of this offer, which is recognized as the conclusion of the contract on the terms set out below.

This public offer is addressed to all individuals who wish to use the service and have the technical ability to receive the service.

The parties to the Agreement are the Service Administrator, the Health Service Provider and a capable individual who applied for the conclusion of the Agreement (hereinafter referred to as the "User") in their own interests or in the interests of another person (hereinafter referred to as the "Patient").

Familiarization of the User with the offer is carried out by posting its current version on the Site at the address: https://medbrama.com/ or in the application for mobile devices.

Full and unconditional acceptance (acceptance) of the terms of this Offer is considered to be the user's performance of conclusive actions: registration on the Site, affixing marks (checkmarks) or clicking the button of agreement with the terms of this offer and in some cases making an advance payment for the Services (if the User / patient is an insured person under the voluntary medical insurance program, and the Services are included in the list of health services provided under the contract of voluntary medical insurance and other contracts, prepayment for the Services is not required).

Acceptance of this Offer includes, inter alia, the provision by the User/Patient of consent to the processing of personal data and the transfer of information constituting medical secrecy, as well as the signature of the Informed voluntary consent of the user when choosing a consultant and organization to receive health care, as well as the fact that the User is familiar with and agrees with the Agreement of the Provider of Medical Services and with the Policy of personal data processing, posted on the link https://medbrama.com/

The Contract is concluded in each case of the User's request for the Services.

The current offer can be unilaterally changed by the Service Administrator at any time.

AGREEMENT

on the provision of information services of the telehealth system

1. THE CONCEPTS USED IN THIS CONTRACT

For the purposes of this Agreement, the terms are used in the following meaning:

Contract - Contract for the provision of health services between the Service Administrator, the Health Service Provider and the User, the conclusion of which is carried out in the form of acceptance of the offer, the performance of conclusive actions: registration on the Service, affixing marks (checkmarks) on consent to the terms of the offer, making payment for the Services of the Insured's appeal for the insured event to the Insurer under the contract of voluntary medical insurance using the Service.

Service - the consultant's conclusion (written and/or oral) using telehealth technologies in the framework of assistance on issues within the competence of the Consultant, provided by the Provider of telehealth services to the User on a reimbursable basis using the Service.

Consultant's conclusion is a document in electronic form drawn up by the Consultant based on the results of the provision of the Service, sent to the User through the Service, or a link to which is provided to the User in his personal account, containing the results of a health consultation without making a diagnosis or containing the results of a consultation during remote monitoring provided by a Consultant working for the Provider of medical services.

User - a capable natural person over eighteen years old who has reached the age required in accordance with the legislation of Ukraine to conclude the Agreement, enters into this agreement for himself personally or is a legal representative of an incapacitated or limitedly capable person (parent, guardian or trustee), hereinafter referred to as the legal representative , accepted Agreement posted on the Internet at the address: https://medbrama.com/ or in the mobile application.

Health service providers - health care providers of any form of ownership and individuals - entrepreneurs who have received a license to conduct business activities in accordance with the relevant practice and (or) have the right to provide health services.

Consultant - a person who is an employee of a provider of telehealth services and provides Services to Users using the Service.

Service "MEDBRAMA" or Service is a software and hardware complex of the telehealth system, the administrator of which is IntracomUA OÜ.

The administrator of the SERVICE "MEDBRAMA" is the owner of the Service "MEDBRAMA" https://medbrama.com/, which ensures the functioning of the software and hardware complex of the telemedicine system. The owner of the software and apart complex is IntracomUA OÜ.

Personal account - a personal section of the User on the https://medbrama.com/ Service, which allows the User (his legal representative) to send a request for the provision of telehealth services, contact a consultant, receive oral and written consultations, enter and delete any documents (test results, medical reports, certificates, etc.). Only the User (his legal representative) has access to the medical documents entered into the personal account.

The mobile application is an electronic software application "MEDBRAMA", designed for use on mobile devices, the rights to which belong to IntracomUA OÜ.

Server - hardware dedicated and / or specialized for performing service software on it and storing this information to meet the needs of users and the functioning of the Service.

2. SUBJECT OF THE CONTRACT

2.1. The Provider of medical services, on the basis of the User's request, undertakes to provide him or the person whose representative he is with telehealth consultations (Services), for which the User pays a fee in accordance with the terms of the provision of this Service, and the Service Administrator, for his part, provides the Provider of Telehealth Services with access to use the Service to provide services under this Agreement. If the provision of the Services is included in the relevant program of voluntary medical insurance, the insured person for which is the User or the person whose representative he is (the Patient), the Services are paid by the relevant insurance organization.

2.2. The provider of telehealth services provides services remotely using the SERVICE "MEDBRAMA". The Administrator of the Service grants the User, on the terms of a simple (non-exclusive) license, the right to use the functions of the Service throughout the world, methods of use: recording on the User's mobile device, for the purpose of installation and launch, to use the functionality of the Service as part of the provision of the Services.

3. TERMS OF SERVICE

3.1. The Services are provided to the User by a Consultant who was previously selected by the User

3.2. Information about tv health service providers and consultants who provide such services (their professional education, qualifications, etc.) and other necessary information is publicly available on the https://medbrama.com/ Website.

3.3. The service consists in providing the User with oral and / or written advice on issues within the competence of the consultant. The User is provided with advice on all issues, except for: 1) issues on which the Consultant cannot form his professional opinion due to the technical impossibility to conduct an inspection and other manipulations with the User remotely; 2) issues for which it is necessary to obtain additional information (results of reviews, analyzes, etc.).

3.4. Before providing the Service, the User may provide the Provider of Telehealth Services with information about the diagnoses established by the User, diseases suffered by the User, allergic reactions known to him, contraindications, scanned copies of the necessary documents using the MEDBRAM Service.

3.5. When providing the Services, the Provider of Telehealth Services may inform the User about the specialists who should be contacted to make / confirm / clarify the diagnosis, about the recommended methods of diagnosis, treatment, the risks associated with them, their consequences and expected results and provides other similar information.

3.6. Based on the results of the provision of the service by the Provider of telehealth services, the Consultant's Conclusion is drawn up.

3.7. The Services are provided by the Provider of medical services in good faith, in compliance with the norms of the current legislation, taking into account the specifics of providing the Services remotely.

3.8. If the provision of the Services requires the provision of additional services that are not provided for in this Agreement, the Provider of Telehealth Services is obliged to notify the User about this.

3.9. Without the consent of the User, the Provider of TV Health Services is not entitled to provide additional services on a fee basis.

3.10. The Service is considered to be provided properly if within 24 (twenty-four) hours from the date of completion of their provision by the Consultant, the User does not make a claim to the quality of the Services.

3.11. The Parties hereby agreed that within the framework of the Service they mutually recognize electronic documents signed with a simple electronic signature, equivalent documents on paper, signed by a handwritten signature, unless this Agreement and/or current legislation provides for the use of an exclusively enhanced qualified electronic signature in the documents.

3.12 The use of a simple electronic signature is carried out as follows: to sign an electronic document with an electronic signature within the Service, the User authenticates on the specified service using a login (mobile phone number) and password (token that is sent to the User's mobile phone).

3.13. The Parties undertake to maintain confidentiality regarding electronic signature factors.

3.14. The Parties have agreed that all actions and electronic documents taken and directed to the Consultant using electronic signature factors by the User are considered to be taken and sent by the User.

3.15. The Parties acknowledge that all electronic documents generated, used and sent to the Consultant by the User using the functions of the Service within one session (while the User is an authenticated Service) are thus signed by the Electronic Signature of the User. Signing of documents on the service can take place, including by affixing a special symbol ("checkmark") in front of the corresponding document (link to the document) within one session.

3.16. In case of refusal of the User after the conclusion of the Agreement from receiving the Services, the Agreement is terminated.

4. THE PROCEDURE FOR THE PROVISION OF SERVICES

4.1. After prepayment of the Services, the User has the right to apply for the provision of the Services using the MEDBRAMA Service (hereinafter also the Order). If the User is an insured person under the voluntary medical insurance program under which the Services are provided, the User has the right, using the MEDBRAMA Service, to apply for the provision of Services on the terms, in the manner and in the amount specified in the relevant voluntary insurance contracts and other contracts.

4.2. The user is given the opportunity to receive consultation services anonymously.

4.3. In case of provision of services according to preliminary planning of the time of provision of the Service:

1) The User uses the software to order a consultation with a specific Consultant;

2) The Consultant offers a possible time for the provision of the Service;

3) The User may agree or offer another time for the provision of the Service or refuse the Order;

2) at the specified time, the provision of the Service begins.

4.4. In case of providing the video consultation service in the online mode, the User's communication with the Consultant is carried out as follows:

1) The Service sends SMS/emails to the User and the Consultant with a reminder of the upcoming consultation time and creates a virtual cabinet for a video conference within the agreed time.

2) The Consultant and the User enter the virtual cabinet and the provision of the Services begins.

4.6. If during the planned period of time the Consultant is in the virtual account of the video conference, and the User is not in the system (online), the Service is considered provided.

If the Consultant does not log in to the virtual account of the video conference of the MEDBRAMA Service within the planned period of time, the Service is not considered to be provided.

4.7. If, after sending the Order, the User wants to refuse to provide the Services, he is obliged to notify the Service Provider using the contact details indicated on the Site, or through the "Personal Account", before the start of the consultation and no later than 24 hours. In case of non-compliance with the prescribed procedure, the Service is considered to be provided and the prepaid cost for this Service is not returned to the User, but is credited to the payment for the Service Provider.

4.8. The User's claims regarding the terms of provision of the Services are not accepted if the User does not send an Order for the provision of services or is not in the System (online) during the agreed period of the consultation.

5. TECHNICAL ISSUES RELATED TO THE PROVISION OF SERVICES

5.1. The Services are provided to the User remotely using the MEDBRAMA Service.

5.2. The Provision of the Services may be carried out using the following equipment of the User: personal computer, mobile phone, tablet

5.3. The User's equipment with which it is planned to provide the Services must meet the following requirements:

5.3.1. When using a personal computer:

• A video camera connected to a computer (if the method of providing services using video communication is selected)

• Microphone connected to the computer (if the method of providing services using video or audio communication is selected)

• Operating system MS Windows version not lower than XP or Mac OS X.

• Use the internet (browser) Google Chrome (recommended), Mozilla Firefox or Opera latest version

• Internet access channel not lower than 1 Mbit / s

5.3.2. When using mobile applications:

• iOS 8.0 or later

• Android 4.1 or later

If the User's equipment does not meet the specified requirements, the provision of the Services is impossible. Features of the equipment can be established in the programs of voluntary medical insurance, within which the Services are provided.

5.4. The user is solely responsible for compliance with the specified requirements of the equipment used by him. The Service Provider is not responsible for the inability of the User to receive the Services arising for technical reasons.

5.5. The MEDBRAM Service provides an opportunity for the User to check the configuration of the equipment and the place of receipt of the User's (Patient's) service for performance before providing the Services, such a check is for informational purposes only and does not entail any legal consequences and obligations for the Service Provider and/or Administrator.

5.6. The User can access the Services on the Site, download any software to the User's equipment is not necessary.

In the case of providing services using a Mobile device, the User may also install a special application (mobile application) on such a device.

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1. The cost of the Services is indicated on the site https://medbrama.com/. If the User is an insured person under the voluntary insurance program under which these Services are provided, the cost of the Services is paid by the relevant insurance organization that issued the policy, in the manner prescribed by the voluntary insurance contract and/or other contract.

6.2. The final cost of the service includes the remuneration of the Service Provider and the Administrator related to the provision of the Services. The amount of the Administrator's remuneration will be indicated on the Service Website before the start of the payment transaction.

6.3. The Services are provided subject to their prepayment in full.

6.4. Payment for services is made in a non-cash manner by one of the methods specified in the Service at the choice of the User.

6.5. The cost of the Service in the amount of the Service Provider's remuneration is credited to the current (bank) account of the Service Provider, and the Administrator's remuneration is credited to the current (bank) account of the Administrator, respectively. The service is considered paid at the time of crediting funds to the Administrator's account.

6.9. Funds are debited from the User's payment instrument in the User's personal account at the time of placing the Order for the provision of services.

6.11. In case of receipt of a complaint from the User regarding the quality of the Services provided and in other similar cases, the funds may be returned by decision of the Service Administrator and/or Service Provider to the User's payment instrument, which was used when paying for the Service.

6.12. Payment for the Services is made with the help of organizations that provide services for receiving and transferring payments in non-cash form. The Service Provider and the Service Administrator do not have access to the payment details of users.

6.13. Payment systems, as a rule, provide for the function of sending an electronic document confirming payment for the Services to the user's contact e-mail address.

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Service Provider undertakes:

7.1.1. Provide the User with additional, free, accessible and reliable information on issues related to the provision of the Services and other issues related to the subject of this Agreement.

7.1.2. Inform the User about the detected state of health.

7.1.3. Respectfully and humanely treat the User.

7.1.4. Do not transfer in any way to third parties information and documentation about the User.

7.1.5. To comply with the procedure for providing health care, taking into account the specifics of providing the Services remotely.

7.1.6. Perform other obligations in accordance with this Agreement.

7.2. The service provider has the right to:

7.2.1. Receive from the User any information necessary to fulfill its obligations under this Agreement. In case of failure to provide or incomplete or incorrect provision of information by the User, the Service Provider has the right to suspend the fulfillment of its obligations under this Agreement until the necessary information is submitted.

7.2.2. Receive remuneration for the provision of services under this Agreement.

7.2.3. Involve, at its discretion, other organizations that have the necessary licenses to provide the Services under this Agreement.

7.3. The User undertakes:

7.3.1. Follow all medical recommendations of the Consultant or ensure their implementation by the User, including recommendations about specialists who should be contacted to make / confirm / clarify the diagnosis and prescribe treatment.

7.3.2. To get acquainted and provide voluntary consent to health intervention, to the processing of personal data and the transfer of information constituting a medical secret - hereinafter referred to as the "Consent". Consent is provided by ticking the box (mark) opposite the Form posted on the service.

7.3.3. Pay for the Services in the manner, terms and conditions established by this Agreement.

7.3.4. To comply with the rules of provision of the Services and the rules of use of the Site. Ensure the terms of confidentiality at the time of the provision of the Service, as well as when accessing the information stored in your personal account.

7.3.5. Perform other obligations in accordance with this Agreement.

7.4. The user has the right to:

7.4.1. Receive services under the conditions stipulated by this Agreement.

7.4.2. Make claims for compensation for losses caused by non-fulfillment or improper fulfillment of the relevant terms of the Agreement, compensation for losses in case of damage to health and life, as well as compensation for moral damage in accordance with the legislation of Ukraine.

8. CONFIDENTIALITY

8.1. The Administrator of the Service and the Service Provider undertake to keep confidential information about the fact of applying to the User for medical help, his state of health, diagnosis and other information obtained during his examination and treatment (medical secret).

8.2. With the consent of the User or in cases established by law, it is allowed to transfer information constituting medical secrets to other persons, including officials, in the interests of examination and treatment of the User.

8.3. The provision of information constituting a medical secret without the consent of the User is allowed for the purpose of examining the User.

8.5. The Parties undertake to keep confidential medical, financial and other confidential information received from the other Party in the performance of this Agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. The Service Provider shall be liable to the User for non-fulfillment or improper fulfillment of the terms of this Agreement, non-compliance with the requirements for methods of diagnosis, prevention and treatment, as well as in case of harm to the health and life of the User.

9.2. The Service Provider and its employees who provide services under this Agreement (Consultants) are liable for violation of rights in the field of health care, harm to life and (or) health when providing the Services to the User.

9.3. Neither Party will be liable for the full or partial non-fulfillment by the other Party of its obligations if the failure is the result of force majeure circumstances, such as fire, flood, earthquake, strikes and other natural disasters, war and hostilities or other circumstances beyond the control of the Parties that impede the implementation of this Agreement, arising after the conclusion of the Agreement, as well as on other grounds provided by law.

If any of these circumstances directly affected the non-fulfillment of the obligation within the period specified in the Agreement, then this period is proportionally postponed for the duration of the relevant circumstance.

The Party for which it has become impossible to fulfill its obligations under the Agreement is obliged to notify the other Party in writing no later than 3 (three) days from the date of their occurrence and termination in writing of the occurrence, within the expected period of validity and termination of the above circumstances.

10. PROCESSING OF PERSONAL DATA

10.1. Processing of personal data includes such actions as collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer) and destruction of personal data.

10.2. The processing of personal data can be carried out both by non-automatic means from media (including paper) constituting any structured array of personal data that is accessible according to certain criteria, and using information (automated) systems.

10.3. Personal data may include any information by which an individual is identified or can be identified, in particular: last name, first name, patronymic, address, telephone numbers, passport data, marital status, health status, date and place of birth, place of residence and stay, etc., data, etc. This list is not exhaustive.

10.3.1. Personal data may be provided orally, in writing or electronically.

10.4. Personal data provided by the User when using the platform are processed exclusively by medical organizations and / or their legal representatives, and only in order to meet the needs of users and the correct functioning of the Service.

The Platform Administrator has the right to use servers that are located both on the territory of Ukraine and abroad.

IntracomUA OÜ does not process personal data, but only transfers them to health care providers, if the decision on such transfer is made by the User

10.5. The Parties agreeing to this Offer agree to the rules set forth in Section 10 of this Offer, and the User voluntarily grants the right to process his personal data.

11. MISCELLANEOUS

11.1. This Agreement is a public agreement, its form is located on the Site for review by an unlimited, indefinite circle of persons.

11.2. This Agreement is concluded in the manner described in the preamble of the offer for its conclusion.

11.3. This Agreement is concluded for an indefinite period.

11.4. If any of the terms of the Agreement is invalid for any reason, such invalidity does not affect the validity of other terms of the Agreement that remain in force.

IntracomUA OÜ