App terms of use

MELIVA LIETUVA MOBILE APP TERMS OF USE

I. GENERAL PROVISIONS

1.1. The following terms of use of Meliva Lietuva mobile application (hereinafter referred to as the App) by UAB InMedica, legal entity code 300011170, registered office address Juozo Balčikonio g. 3, LT-08247 Vilnius, Republic of Lithuania (hereinafter referred to as the Clinic) regulate: (i) the User’s registration procedure; (ii) the terms and conditions for the provision of the Services; (iii) the terms and conditions applicable to the Services and the use of the App; (iv) the terms and conditions of the User’s liability; (v) the terms and conditions of payment; and (vi) other relations relating to the ordering of the Services and the use of the App.

1.2. From the moment of creation of the Account, as set out in Section III of the Terms of Use, the relationship between the User and the Clinic shall be governed by the provisions of these Terms of Use, and by the information on the Clinic's website, the App, the Account, including the fees for the Services and other specific terms and conditions for use of the App.

1.3. Before using the App and the Services, the User must be familiarised with the Terms of Use and the fees for the Services. Once the User starts using the Services, the User shall be deemed to have read and accepted the Terms of Use, the Service fees, and the other terms and conditions of the Services. If the User does not agree to the Terms of Use (or any part thereof), the User cannot and should not use the App.

1.4. Each person using the App, whether a registered User or an unregistered User, must comply with the Terms of Use.

II. CONCEPTS

2.1. ESPBI IS means an electronic information system for health services and collaborative infrastructure, managed by the Ministry of Health of the Republic of Lithuania.

2.2. Doctor means a general practitioner, physician or consultant working and whose workplace is located in the Clinic or remotely, if in case of an emergency situation or due to other objective circumstances the activities of the Clinic or its unit are temporarily carried out remotely. A member of the general practitioner’s team is also referred to as a Doctor for simplicity.

2.3. User means a patient of the Clinic (a natural person) who accepts these Terms of Use, creates an account and uses the Services in accordance with these Terms of Use.

2.4. Remote Consultation means a method of providing a Doctor’s consultation and Services to a Patient by means of remote communication, with the Doctor and the Patient being in different locations at the same time.

2.5. Patient means a User or a person represented by a User who is registered or not registered with the Clinic and who receives or intends to receive Services from the Clinic and who has entered into or intends to enter into a Services Agreement with the Clinic.

2.6. Account means the User’s Account on the App, which includes the information provided by the User on the App and through which the User can use the functionalities of the App.

2.7. Services means the outpatient personal health care services and other related services provided by the Clinic.

2.8. Service Fees means the information published on the Website and/or the App about the fees applicable to the Services provided by the Clinic.

2.9. Service Agreement means the agreement concluded between the Clinic and the Patient for the provision of services which the User uses through the App. This Agreement shall be entered into in accordance with the procedures set out in the Terms of Use.

2.10. PIN means a 4-digit sequence of digits used to authenticate the User and/or to access the App, which is created by the User.

The PIN, although used on the User’s mobile device, is not stored by the Clinic and is known only to the User.

2.11. App means a software application for smartphones and/or other mobile devices that allows Users to register for visits to the Clinic (contact consultations), register for and receive Remote Consultations and other Services, pay for the Services, view, manage and exchange relevant health and other related information with Doctors, the Clinic, and with family members or loved ones who have the right or authorisation to receive such information

2.12. App Privacy Policy means the Clinic’s App Privacy Policy, which provides information about the processing of User’s personal data, including User’s rights as a data subject. The App Privacy Policy is available on the App.

2.13. Website means the website accessible at www.inmedica.lt.

2.14. Consent means the Patient’s agreement to receive personal health care services at the Clinic, including, but not limited to, remote consultation and payment for services rendered.

2.15. Terms of Use means the rules for the use of the App, which set out the basic terms and conditions for the use of the App and the rights and obligations of the parties.

2.16. Identity verification tools means an electronic signature, advanced electronic signature or qualified electronic signature generated by means issued by third parties, or other means specified in the Terms of Use and acceptable for establishing the User’s identity, authenticating the User, approving and signing contracts, consents and other documents.

2.17. In these Terms of Use, the concepts used in the singular and plural form shall have the same meaning in context.

III. ACCOUNT CREATION. ACCESS TO SERVICES

3.1. Persons 18 years of age or older who have completed the steps set out in these Terms of Use and who meet the requirements set out in these Terms of Use are entitled to create an Account and use the Services.

3.2. After downloading the App to a mobile device and creating an Account (during the registration process in the App), the User must:

3.2.1. carefully and responsibly read the Terms of Use, the App Privacy Policy, and the fees for the Services;

3.2.2. agree to the Terms of Use and other documents and information as applicable;

3.2.3. express their consent or refusal to receive marketing messages by choosing whether they agree for the Clinic to use their personal data for providing informational and promotional offers, including notifications about new services, promotions, discounts, and other relevant information that may be sent via email, phone, or other communication methods;

3.2.4. carry out the requested identity verification steps (e.g., to verify identity using Smart-ID or Mobile ID);

3.2.5. provide such other data, information and/or documents as the Clinic may reasonably request at the time of logging in to the App and registration;

3.2.6. create a PIN to be used when opening the App;

3.2.7. provide accurate contact details in the App and update them in a timely manner if the details have changed.

3.3. Successful registration of the User shall be confirmed in the App (via messages from the App). If the terms of use of the App are not met, for example, if the mandatory authentication actions are not performed, the User’s account will not be verified.

3.4. When using the Remote Consultation services via the App, the User may be asked to grant the App access to the camera and microphone of the mobile device. Once the User has granted the App access to the mobile device’s camera and microphone, they will only be used during the provision of the Service.

If the User refuses to grant the App access to the camera and microphone of the mobile device, certain functionality of the App may be unavailable or the selected Service may not be provided.

3.5. The Account shall be considered to be created in the name of that person, and the Service Agreement shall be considered to be concluded with the person who confirms their identity during authentication. Such a person shall be considered a User. An Account in the App is created on a personal basis and may not be transferred or otherwise made available by the User to any third party. The User may view and manage the accounts of their minor children and/or dependents (wards) in the application in accordance with the law, without the need for additional registration.

3.6. If, during the Account creation process, the User fails to provide all the required information or complete all the registration or other actions specified in the App, as outlined in Clauses 3.1 – 3.2 of the Terms of Use, the Clinic shall have the right to remind the User of this and, for these purposes, process the data provided by the User and the data collected about them, as specified in the App Privacy Policy.

3.7. In cases where (i) the Clinic does not have the technical capability to verify the authenticity of the data or other information provided by the User, or (ii) the Clinic has a reasonable doubt as to the authenticity of the data provided by the person, or (iii) in other cases provided for in the Terms of Use, the Clinic shall have the right to refuse to approve the creation of the Account or prevent a person from creating an Account and/or from using the Services or any part of them.

3.8. It is considered that both when creating the Account and each time using the Services, the User confirms (and such confirmation applies throughout the provision of all Services from the creation of the account until the termination of the Service Agreement) that he/she:

3.8.1. is of legal age to use the Services as defined in the Terms of Use;

3.8.2. the User has the right to pay for the Services;

3.8.3. is aware of the rates applicable to the Services and other terms and conditions of the Services;

3.8.4. consents to the collection and processing of personal data necessary for the conclusion and performance of the Services Agreement and for other purposes as set out in the App Privacy Policy.

3.9. By creating an Account and providing his/her data necessary for the User to have the right to order and use the Services, the User is obliged to provide true, accurate, truthful and complete information about himself/herself. It is forbidden to create an Account and to register on the App using extraneous, false, falsified or illegally collected data. The User assumes all risks and liabilities in connection therewith, including if, notwithstanding the stated prohibition, such actions will cause damage to the Clinic or to any persons.

3.10. The User must carefully, diligently, and attentively protect their login details (e.g., PIN code; the data used to create the Account; the smart device) and shall not have the right to transfer or otherwise disclose them to any other person or create an opportunity or condition for anyone to access or use them when creating the Account or using the Services. The User shall be responsible for the security, secrecy and confidentiality of his/her login details and Account.

3.11. The Use shall not have the right to:

3.11.1. transfer, sell or rent his/her Account or otherwise grant access to his/her Account to others;

3.11.2. create fake, illegal, fraudulent Accounts;

3.11.3. use the means of payment for the Services (e.g., payment cards) of others without their consent;

3.11.4. create Accounts on behalf of others.

3.12. The User must notify the Clinic immediately, but no later than 1 (one) business day after becoming aware of it, by e-mail if:

3.12.1. His/her login data are lost, misplaced or otherwise made available to another person;

3.12.2. The User loses control of the Account or access to the Account data;

3.12.3. The User loses control of the data used to create the Account on the device on which the App is installed;

3.12.4. The User’s login data or data used to create the Account are used without the User’s knowledge;

3.12.5. The User’s details (email address, telephone number) have changed;

3.12.6. Other circumstances occur which jeopardise the confidentiality, integrity, accuracy of the Account and/or its data.

3.13. Upon receiving the User’s notification regarding the circumstances specified in Clause 3.12 of the Terms of Use, the Clinic shall block the Account within 1 working day in accordance with the procedure and conditions established in Section IX of these Terms of Use, applying the consequences provided for in the Terms. In addition, the Clinic, upon its own discovery of the circumstances referred to in Clause 3.12. of the Terms of Use and/or having reasonable suspicions that the User’s Account is subject to unusual and/or potentially unlawful activities, shall also have the right, on its own initiative and at its own discretion, to immediately block the Account in accordance with the procedure set out in Section IX of these Terms of Use.

3.14. Upon receipt of the User’s notification referred to in Clause 3.12 of the Terms of Use, the Clinic shall endeavour to prevent further unauthorised use of the User’s Account login data, but it shall not be liable for the success thereof and accordingly the Clinic shall not be liable and shall not be held liable for any damages, losses or inconveniences incurred by the User or any third party as a consequence of the disclosure, theft or unauthorised use of the Account login data, except if caused by the Clinic. The User shall be liable for any actions of third parties if they are committed using the User’s Account login data. All actions performed on the User’s Account and all consequences, risks and liabilities arising therefrom shall be borne by the User. The User shall be liable to the Clinic for and assume all risks, losses and damages arising from or resulting from the use of his/her Account by others up to the time of receipt of the notification referred to in Clause 3.12 of the Terms of Use, unless such losses are caused by the Clinic’s gross negligence or intent. Losses incurred by the User due to the fault of the Clinic after the specified blocking of the Account shall be borne by the Clinic, unless they are also due to the fault of the User or third parties.

3.15. The User shall ensure that rational and reasonable security measures (including antivirus programs and firewalls) are observed when using computer, software or other equipment for registration, creating an Account and/or accessing the App, and shall be liable for any consequences arising from insufficient security of the User’s computer, smart device (phone, tablet) or other device accordingly.

IV. TERMS OF USE OF THE APP

4.1. During the term of the Service Agreement, the Clinic grants the User a personal, non-exclusive, non-transferable, revocable, and non-sublicensable right to install and/or use the App on the User’s device and to access the information available through the App, solely for the User’s use.

4.2. The User, when using the App, shall not have the right to:

4.2.1. license, sublicense, copy, modify, distribute, create, sell, resell, transfer or lease the App or any part thereof;

4.2.2. apply reverse engineering or attempt to extract the source code of the App, except in cases permitted by law;

4.2.3. run or enable the running of any programs or codes that allow for scraping, indexing, probing, or engaging in data mining or data scraping from the App and/or data.

4.3. The App can be downloaded or accessed on a wide range of smart devices with internet access and commonly used operating systems (e.g., Android, iOS).

4.4. The User, when using the App, shall:

4.4.1. be responsible for having the necessary connection or network access required for using the App and the services.". The User shall be liable for all charges levied by the provider of the communication service, including charges for data transmitted using the App;

4.4.2. use the original operating system and its standard tools provided with the smart device, provided and supported by the manufacturer. The User must install the operating system and software updates, modifications, and updates recommended by the manufacturer, and follow the recommendations and instructions of the operating system, software, smart device manufacturer, as well as mobile app marketplaces (platforms);

4.5. periodically check whether there are updated, newer versions, or upgrades of the App in mobile app marketplaces and digital content platforms (e.g., Google Play, AppStore) and use the latest available version of the App.

4.5.1. cooperate with the Clinic, at the Clinic’s request, to the extent reasonably and technically possible and necessary for the Clinic to investigate the cause of any malfunction of the App.

4.6. The Clinic shall have the right, but not the obligation, to inform Users about the updated version of the App, the availability of the update and to provide information about the consequences of not installing it.

4.7. As the use of the App and the Services depends on many factors (e.g., availability of Doctors, the opening hours of the Clinic, the User’s location, other factors depending on the Users traffic and other circumstances), the Clinic does not guarantee that the User will always be able to use the Remote Services at the desired time.

4.8. The App is provided “as is”, “when available”. The operation of the App may be subject to limitations, delays and/or other problems inherent in the use of the Internet and electronic communications and is not guaranteed to be always available or to be free from interruptions. The Clinic does not warrant that the availability of the App will be uninterrupted or error-free. In the event of software malfunctions or disruptions in its operation, the Clinic will strive to correct them as quickly as possible. However, the functionality of the App may be limited due to occasional technical errors, and the Clinic cannot guarantee that the App will always function properly and as expected by the User. In addition, to the extent permitted by applicable law, the Clinic does not warrant that:

4.8.1. the App will be uninterrupted or error-free;

4.8.2. there will be no delay or other discrepancy between the information and data displayed/shown by the App and the actual information and data.

4.9. The Clinic shall have the right to:

4.9.1. modify, suspend or discontinue the operation of some or part of the functions of the App, as well as change the layout of the elements in the App;

4.9.2. improve or modify the App, its information system and correct any deficiencies or make other changes, even if this may cause and/or result in a short-term disruption of the provision of the Services to Users. In special circumstances and for important reasons, the Clinic shall have the right to remedy any deficiencies in the App, the information system at any time of the day or night in order to avoid possible losses to Users and/or itself.

4.10. To the extent permitted by the applicable legislation, the Clinic shall be exempt from any liability in cases where damage/loss occurs:

4.10.1. due to malfunctions of the operating system, interoperability, compatibility problems, security breaches of the smart device used by the User;

4.10.2. If the User does not install the updated version of the App or the update or upgrade, of which the Clinic has informed about its availability;

4.10.3. due to operations, actions performed by the User not complying with the instructions for installation, update or use of the App provided by the Clinic or other provisions of these Terms of Use;

4.10.4. the acts or omissions of third parties, access to the App and data, including, but not limited to, losses caused by interruptions or failures of electronic communications and electronic communications networks;

4.10.5. if the User is unable to access the App for any reason, or if any device, application, operating system used in connection with the App stops working or does not work as expected by the

User, or if errors are detected, or if the Services could not be provided on time due to viruses, cyber-attacks, or any other third-party influence (e.g., software, operating system, operators, etc.).

V. TERMS OF USE OF THE SERVICES

5.1. By using the App, the User has the possibility to view the history of his/her visits to the Clinic, to register for a new visit, to view his/her treatment history, the results of the tests and the available prescriptions. The User also has the possibility to register and receive a Remote Consultation through the remote communication facilities provided by the App. Remote consultations are provided to the User using the chat messaging function.

5.2. Remote consultation may be provided to the Patient only if the User expresses his/her consent in the App and/or in any other manner established by the Clinic. If the User does not express consent / does not agree to receive a Remote Consultation, the Clinic cannot provide this service to the User.

5.3. In order to receive a Remote Consultation, the User must:

5.3.1. ensure that the correct account is selected, i.e., the patient or his/her representative who has applied for the provision of Remote Services is logged in;

5.3.2. by selecting the “Virtual Clinic” window, the User must confirm that he/she has read, understood and agrees to the Terms of Use, and express his/her Consent to receive the Services;

5.3.3. choose a payment plan for the Services and pay for the consultation in accordance with the instructions provided in the App. If a subscription-type plan is selected, this step is only performed on the first login to receive a Remote Consultation;

5.3.4. start a new call/new Doctor consultation;

5.3.5. specify the medical condition, problem or complaint for which the User wishes to receive the Service and/or the Remote Consultation;

5.3.6. provide other information as requested or in more detail about the health complaint (attach a photo, medical certificate, etc.).

5.4. If the Remote Consultation does not take place due to a temporary malfunction of the App and/or remote communication means or other objective reasons beyond the User’s control, the Clinic shall attempt to contact the User using the contacts provided in the Account. If the User cannot be contacted and it is not possible to continue the Remote Consultation after the contact is made, the Remote Consultation shall be deemed to have failed, and the Clinic shall inform the User of the failed consultation and the possibility to use the Remote Consultation service at another time.

5.5. During the remote consultation, depending on the situation and the User’s needs, the following actions and Services may be performed, such as collecting anamnesis, assessing the User's health condition, consulting the User, drawing up conclusions, recommendations, completing and submitting the required medical documents to ESPBI IS in accordance with the procedure established by the legislation and other actions necessary to provide the User with a remote consultation, such as: prescribing diagnostic and/or therapeutic services, tests and procedures; evaluating and discussing the results of the performed diagnostic and/or therapeutic services and procedures; prescribing and/or extending the prescription of medicinal products and/or medical aids; issuing and renewing electronic certificates of sickness, pregnancy and maternity leave, if provided for in the legislation regulating the issuance of certificates of sickness, pregnancy and maternity leave; issuing a referral for a consultation with another Doctor; if necessary, arranging a contact consultation and registration of the User for a consultation.

5.6. The Clinic is legally obliged under the relevant Service Agreement to enable Users (patients) to order and receive Services via the App.

5.7. These Terms of Use only set out the terms and conditions relating to the App that may be relevant to the provision of the Services. The Services shall be provided to Users in accordance with the policies and procedures established by the Clinic.

5.8. All Services listed in the App or on the Website are provided subject to availability, and images and/or descriptions illustrating the Services on the Website and in the App are provided only as examples, therefore, the actual Services may vary slightly. In all cases, the Clinic endeavours to ensure that all Services listed on the App or on the Website are available and accurately described.

5.9. The User (patient) must inform the Clinic in advance of any diagnosed diseases, medical conditions and/or special needs that may affect the provision of the Service or that may be affected by the Services provided (e.g., information about allergies, health problems, etc.). If the User fails to disclose such information to the Clinic, the Clinic will not be liable for any impairment of health, damage or loss caused by the Services that could have been avoided if the User had properly disclosed such information prior to the commencement of the provision of the Services.

VI. RESPONSIBILITY

6.1. If a Party’s wrongful act has caused damage to the other Party, the Party at fault shall be liable to compensate the other Party for its direct loss, except where the Party at fault is required by law to compensate the other Party for any loss suffered by the other Party.

6.2. In cases where a violation of the Terms of Use or other actions specified therein are carried out by a third party, and/or damage is caused to the Clinic and/or other individuals, including the User themselves, by a third party whom the User, through their active or passive actions and/or inaction, directly or indirectly, intentionally or due to negligence, allows, agrees to, transfers, or otherwise enables, or creates opportunities, or in any way creates conditions for the third party to use the App, Account, or Services, or fails to prevent it, the User shall assume all risks, responsibilities, and losses for any violations of the Terms of Use, laws, and/or damage caused to the Clinic and/or third parties by the actions or inactions of the third party. The indemnification of damages (losses), other liability measures and all their consequences referred to in the Terms of Use shall apply to the User, assuming that such acts and violations have been committed by the User and the damage has been caused by the User. All other consequences of such acts and omissions shall apply to the User, assuming that such acts/omissions are caused by the User.

6.3. The parties shall not be held liable for failure to fulfil their obligations if it was caused by circumstances beyond their control and that could not have been reasonably foreseen at the time of the conclusion of the Agreement and the Service Agreement under the Terms, and they could not have prevented the occurrence of these circumstances or their consequences (force majeure circumstances, such as, for example, fire, actions of government authorities, declaration of a state of emergency and/or quarantine, military actions or civil unrest, attacks on the Clinic's electronic systems, including those managed by the Clinic’s service providers, etc.). If the above circumstances persist for more than 1 (one) month, the Parties may terminate the Agreement.

6.4. To the extent permitted by applicable laws, the Clinic makes no warranties and assumes no liability for the actions or inactions of the User or any third party.

VII. PAYMENT TERMS

7.1. The User shall pay the price for the Services as set out in the App, in the Service Fees. The User shall have the option to choose a payment plan (i.e., pay a one-time fee or choose a subscription) before selecting the Remote Consultation service. Depending on the nature of the service and the Clinic’s practices, the User may be required to pay for the Services either before or after the service is provided.

7.2. If the User opts for a one-off Remote Consultation service, the User undertakes to pay a one-off fee for the provision of the Remote Consultation service. The one-off fee for the Remote Consultation service shall be payable after the provision of the Remote Consultation.

7.3. After the provision of the one-off Remote Consultation service, a payment order will be generated in the App for the User, which the User must pay immediately after the provision of the Remote Consultation service.

7.4. The User may choose to subscribe to the Remote Consultation services in the App. The User may choose a payment plan for the Remote Consultation services with monthly payment. The one-month subscription fee for the Remote Consultation services shall be payable immediately upon selection of the payment plan. The other monthly payments of the Remote Consultancy services subscription plan shall be paid monthly in accordance with the procedures set out in the App.

7.5. The Services provided by the Clinic in the App are subject to a fee, unless otherwise expressly stated or indicated in the App. The Services provided through the App are not included in the healthcare services provided by the Clinic, which are paid for from the budget of the Compulsory Health Insurance Fund (hereinafter referred to as the CHIF). By accepting the Terms of Use, the User confirms that such terms and conditions of provision of the Services are acceptable to him/her and he/she is aware of the fact that, in order to receive healthcare services provided by the Clinic, which are paid for from the funds of the CHIF budget, the User must register for a visit to the Clinic in accordance with the procedure prescribed by law in order to obtain a health service.

7.6. The Clinic may, at its sole discretion, establish and apply various payment packages/plans for the Services. The types of service packages/plans, fee amounts, terms and conditions, applicable pricing, benefits and advantages offered, and additional rules (if applicable) are set out in the App. The Clinic shall have the right to unilaterally change, establish, supplement and/or cancel the rates, promotions, discounts, other terms and conditions of the Services by posting them in the App and/or on the Website. Such changes to the rates, promotions, discounts, other terms and conditions of the Services shall come into force upon their publication in the App and/or on the Website.

7.7. The User shall choose the payment method. All payments shall be made by payment card, e-banking or other payment methods activated by the User and linked to the App. Payments are processed through a payment processing and other payment service provider with whom the Clinic has concluded a contract. The User understands and acknowledges that they may be subject to the terms of payment processors and other payment service providers, which the User reviews before making any payments. The Clinic shall not be responsible for any disruption of the payment processing provided by the service provider, i.e., technical malfunctions that have occurred in the bank or payment platform.

VIII. CANCELLATION OF SERVICES AND REFUND

8.1. The User shall have the right to cancel the Remote Consultation if the Remote Consultation has not yet started, i.e., the User has not yet started the conversation/correspondence with the Doctor. Once the User has started the conversation/correspondence with the Doctor, the Remote Consultation shall be deemed to have commenced and the User shall be liable to pay for the consultation.

8.2. A Remote Consultation shall be deemed to have been provided when the Service has been provided to the User by the Doctor in accordance with the User’s request, taking into account the requirements of modern medical and nursing science and best practice.

8.3. In cases where the Doctor, based on the User’s inquiry and provided information, cannot provide a one-time Remote Consultation (e.g., the User needs to seek emergency/urgent care, the User has a chronic illness requiring an in-person consultation, etc.), it shall be considered that the Remote Consultation was not provided, and the User shall not be obligated to pay for the consultation as outlined in Clause 8.1.

8.4. In any case, the User shall have the right to withdraw from the Service Agreement concluded with the Clinic within 14 (fourteen) days from the date of conclusion of the Service Agreement (i.e., confirmation of the Terms of Use) and to receive a refund of the monies paid for the Services booked but not yet rendered, without giving any reason. The User who has opted for a subscription to the Remote Consultation services shall be deemed to have received the Services when the first Remote Consultation is provided.

8.5. If the User wishes to withdraw from the Services, he/she must contact the Clinic, at the latest before the start of the first Service (the first conversation with the Doctor), at the contacts or in the manner indicated in the App or in the Terms of Use. Upon receipt of the User’s notification, the Clinic shall promptly send the Patient an acknowledgement of receipt of the notification.

8.6. The right of withdrawal and refund shall not apply to a Service Agreement under which the Services have been commenced or provided to the Patient and which provides for the Patient’s obligation to pay the price of the Services. By accepting these Terms of Use, the Patient understands and expressly acknowledges that he/she does not have the right to withdraw from the Service Agreement once the Clinic has fully performed the Service Agreement and/or provided the specific Services. The User who

has opted for a subscription to the Remote Consultation services shall be deemed to have received the Services when the first Remote Consultation is provided.

8.7. If the User has opted for a subscription to the Remote Consultation services which is terminated in accordance with Clause 8.4 and the User has started to use the Services, the User shall be obliged to pay to the Clinic for the Services actually provided, i.e., the subscription fee for the respective month of the Remote Consultation services.

8.8. In the event of cancellation of the Services Agreement by the Patient, all monies paid for Services ordered but not received shall be refunded. The Clinic shall refund all monies paid by the User for the Services ordered but not received no later than 14 (fourteen) days from the date of receipt of the notice of cancellation of the Services Agreement.

8.9. The money shall be refunded to the User in the same manner as the payment for the Services.

8.10. If the Remote Consultation does not take place due to circumstances under the control of the Clinic, a temporary malfunction of the App and/or remote means of communication, or other objective reasons beyond the User’s control, the Clinic shall, at the User’s request, offer to the User an alternative time for the Remote Consultation.

8.11. If the Remote Consultation does not take place due to circumstances under the User’s control or through the User’s fault (e.g., the User does not connect to the consultation, the remote means of communication used by the User do not function properly or the User does not ensure stable connection), the Clinic shall have the right to refuse to refund the price paid to the User.

IX. SUSPENSION AND TERMINATION

Suspension

9.1. If the User fails to pay for the Services provided, the User shall not be able to use the Services provided by the App until the amount of the outstanding balance is paid in full.

9.2. In the event that the User fails to pay for the Services provided in due time and does not do so within an additional reasonable period of time set by the Clinic, the Clinic shall have the right to authorise a debt collection company to carry out collection actions or to transfer its claim against the User to the debt collection company or to other operators. The personal data of the User held by the Clinic for the purposes of debt collection, administration, damage assessment, management, etc. may be transferred to public authorities and/or bailiffs, to other persons and institutions entitled to receive and process such data.

9.3. The Clinic shall have the right to suspend the provision of the Services through the App (e.g., due to the accrual of a debt). The provision of Services through the App shall resume once the User has remedied the breach and its consequences (e.g., settled the debt), and other reasons that led to the suspension of the Services through the App have disappeared.

Termination

9.4. The User has the right to terminate the Services Agreement and cancel his Account at any time for any reason on his own via the App. Termination of the Agreement shall not relieve the User from the performance of the obligations arising prior to the termination of the Agreement. The Clinic shall keep information related to health care in accordance with the procedures and terms established by law.

9.5. The Clinic shall have the right to terminate the Service Agreement with the User by giving the User 7 (seven) calendar days’ notice (by means of a message in the App, e-mail, etc.) in the following cases:

9.5.1. when the User fails to pay the arrears for the provided Services for more than 5 calendar days;

9.5.2. when the User creates an Account in violation of the Terms of Use and/or legislation;

9.5.3. when the User seriously violates these Terms of Use and/or systematically fails to comply with the Terms of Use and/or there are other objective circumstances which, in the opinion of the Clinic, cause the User to pose a danger to other users, the public or the Clinic;

9.5.4. in cases and under conditions provided by the legislation.

9.6. On the grounds, procedure and terms specified in the App Privacy Policy, the Clinic shall have the right to continue to process the User’s data necessary to achieve the purposes set out in the Terms of Use and the App Privacy Policy after the termination of the Agreement and the cancellation of the account.

X. PROVISIONS ON THE PROCESSING OF PERSONAL DATA

10.1. The Clinic undertakes to comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as GDPR), the provisions of the national laws on the legal protection of personal data, and the provisions of other legal acts regulating the protection of personal data when processing personal data.

10.2. The User is informed and agrees that in order to receive the Services provided by the Clinic, he/she must provide the personal data requested during registration. The Clinic does not use alternative means of collecting personal data, taking into account the nature of the Services provided, the provision of remote consultations and the technologies used. If the User does not agree to provide the requested personal data in the manner indicated, it is recommended not to create an Account, as the Services cannot be provided.

10.3. The Clinic provides transparent and detailed information on how it collects and processes Users’ personal data in the App Privacy Policy. Users are recommended to familiarize themselves with the purposes, legal grounds, scope and other information regarding the processing of the personal data provided during registration and generated during the provision of the Service, which is contained in the most up-to-date Privacy Policy of the Clinic's App.

10.4. The Clinic shall have the right to contact the User by phone, through the App and/or by e-mail in case of important notifications regarding changes to the Terms of Use and/or for any other specific reason related to the provision of the Service and/or exercise of the rights and obligations under the Terms of Use.

10.5. The Clinic, with the User's consent, has the right to send general and/or personalized offers, benefits, and other information about the Services provided, which are classified as direct marketing offers. The User has the right to easily unsubscribe from direct marketing messages at any time through the App settings or by clicking the unsubscribe link in the newsletters sent.

XI. FINAL PROVISIONS

11.1. The Clinic shall have the right to unilaterally amend these Terms of Use by notifying the User by email. Changes to the Terms of Use are also indicated in the App. Amendments to the Terms of Use shall come into force 5 (five) days after notification to Users. If the User orders the Services in accordance with the amended Terms of Use, the User shall be deemed to have accepted the amended Terms of Use. In respect of Services already provided, the version of the Terms of Use in force at the time of performance of the Services shall apply in all cases.

11.2. The Clinic shall have the right to unilaterally establish, change, supplement and/or cancel the rates, other terms and conditions of the Services at any time by publishing them on the App. Such changes shall come into force upon their publication in the App. For Services already provided, the prices in force at the time of purchase of services shall apply.

11.3. For the purposes of these Terms of Use, the User shall be deemed to have been duly informed in writing on the day following: (i) the date on which an electronic notification is sent to the User’s e-mail address indicated in his/her Account; or (ii) the date on which a notice is posted in the App in his/her Account.

11.4. The Clinic shall be entitled to unilaterally assign some or all of its rights and obligations under these Terms of Use and/or the Service Agreement to a third party by (i) giving prior written notice to the User or all Users (either by means of a general notice by electronic means, or by means of an App notice in the Account), and (ii) ensuring that such assignment does not result in a diminution of the User's rights.

11.5. All rights not expressly granted to the User under the Terms of Use belong to the Clinic. The App and all data collected through the use of the App (including all intellectual property rights related thereto) are and shall remain the property of the Clinic, its affiliates, or its licensors. The Clinic shall be entitled to continue to use the content provided by the User after termination of the Service A

cannot be used in any other environment than the App, or which relates solely to the User’s activities using the App, or which is linked to other data of the Clinic and which is not disassociated, or which can only be disassociated with disproportionate effort, or which has been created by the User together with other persons, and which can be used by other clients or persons.

11.6. The User shall not have the right to, and shall not permit any third party to:

11.6.1. use, display or control the names, trademarks or works of the Clinic or of companies affiliated with the Clinic for any purpose other than the use of the App;

11.6.2. create or register any signs, domains, software program names or titles, or social media user names or profiles containing the Clinic’s names, trademarks, or works, or confusingly or substantially similar trademarks, names, titles, or works;

11.6.3. use the name, trademark, or works of the Clinic or its affiliated companies as the User’s social media profile picture or screen background;

11.6.4. purchase keywords (including but not limited to Google AdWords) that contain the names, marks or works of the Clinic or companies affiliated with the Clinic; or

11.6.5. for no purposes and by no means register, state, use, copy, and/or claim ownership rights to names, marks, trademarks, or works, or any confusingly or substantially similar name, mark, sign, title, or work, either separately or together with other letters, punctuation marks, words, symbols, drawings, and/or other creative works or elements, except for the exceptions stated above.

11.7. The invalidity of any provision of the Terms of Use shall not affect the validity and enforceability of the remaining provisions of the Terms of Use. Any such invalid, illegal, or unenforceable provision shall be deemed to be abolished.

11.8. Any claim in respect of the Services may be made against the Clinic. The Clinic will endeavour to respond to the User’s claim as soon as possible, but no later than 20 (twenty) calendar days after receipt of the claim. If the Clinic does not satisfy the User’s claim or satisfies it only partially, the User shall have the right to contact the national consumer rights protection authority – the State Consumer Rights Protection Authority (http://www.vvtat.lt/, tel. 85 262 67 51; requests or complaints can be sent by e-mail to tarnyba@vvtat.lt, sent by post or delivered to Vilniaus g. 25, LT-01402 Vilnius, Lithuania (or to the addresses of the territorial units http://www.vvtat.lt/vartotojams/aptarnavimas/432).

11.9. This provision in no way limits the User’s right to seek redress by applying to a competent court.

11.10. All disputes and disagreements between the parties shall be settled by the competent court of the Republic of Lithuania. These Terms of Use shall be interpreted and applied in accordance with the law of the Republic of Lithuania.

11.11. For any questions arising in connection with these Terms of Use, the User may contact the Clinic at info@mano.inmedica.lt.

The latest amendments to the Rules have been made and are effective from [_______].