Public Offer Agreement

Public Offer AgreementLimited Liability Company 'FOZZY GROUP HEALTH' (identification code 44586615), a legal entity established and operating under the laws of Ukraine, represented by Director Samvel Stanislavovich Aganov, acting on the basis of the Charter, hereinafter referred to as the 'Executor', on the one hand, and an Individual/the legal representative of an individual, hereinafter referred to as the 'Customer', on the other hand, collectively referred to as the 'Parties', and individually as a 'Party', have concluded this Agreement as follows:

1. DEFINITIONS

This Agreement is a public offer agreement in accordance with Articles 633, 634, 641 of the Civil Code of Ukraine, and it may also be considered a contract in favor of a third party under Article 636 of the Civil Code of Ukraine.1.1. Customer – an individual who has contacted the Executor for the purpose of receiving paid medical and other services (hereinafter referred to as 'Services' or 'Medical Services'). This Agreement may also be concluded in the interests of a minor or legally incapacitated individual by their legal representative. If the direct recipient of the Medical Services paid for under the terms of this Agreement is a minor or legally incapacitated individual, the rights and obligations stipulated in this Agreement for the Customer shall be acquired by their legal representative.1.2. Public Offer – a proposal by the Executor to conclude this Agreement under the terms defined by the Executor, addressed to an unlimited number of persons.1.3. Services (hereinafter also referred to as 'Medical Services') – paid medical and other services of the Medical Center as specified in the Price List, provided to the Customer in accordance with the current legislation of Ukraine in the healthcare sector, and in the manner and under the conditions defined by the internal local documents of the Medical Center approved by the Executor, including but not limited to instructions, regulations, procedures, internal rules, patient clinical pathways, etc., within the framework of the License issued to the Executor by the Ministry of Health of Ukraine dated January 26, 2024, No. 136.1.4. Acceptance – full and unconditional acceptance by the Customer of the terms of this Agreement, carried out by performing actions specified in the Agreement. This Agreement shall be considered concluded between the Executor and the Customer without further signing upon payment for the Services. The Agreement becomes binding upon the Customer from the moment of its acceptance (payment for the Services).1.5. Consent to Personal Data Processing – the Customer's voluntary expression of will to permit the processing of their personal data.1.6. Parties to the Agreement – the Executor and the Customer.1.7. Medical Center – the Executor's healthcare facility where medical services are provided, located at the address specified in the Contacts section of the Executor's website.1.8. Executor's Website – www.doctorsam.ua

2. SUBJECT OF THE AGREEMENT

2.1. Under the terms of this Agreement, the Executor undertakes to provide medical and other services specified in the Price List to Customers who, by their actions, have expressed their intention to join this Agreement (have accepted this public offer), while the Customer undertakes to accept and pay for the Services under the terms defined in this Agreement.2.2. The Customer undertakes to accept and timely pay for the Services in accordance with the requirements of this Agreement.2.3. The procedure and specifics of providing medical services are regulated by the internal local documents approved by the Executor and in effect at the Medical Center.2.4. Other payment and service provision procedures in the Executor's Medical Center may be regulated by written agreements, local regulatory documents approved by the Executor.

3. SERVICE COSTS AND PAYMENT PROCEDURE

3.1. The cost of the Services provided to the Customer is determined based on the Price List approved by the Executor.3.2. The Parties agree that for the provision of services, the Customer pays the amount specified in the Price List at the time of payment for the Services.3.3. Payment for the Services is made in the amount of 100% prepayment in a cashless form in the national currency of Ukraine – hryvnia, through online payment using an electronic payment tool.3.4. Payment made after the provision of medical services to the Customer is non-refundable, except in cases defined by current legislation, a decision of the Executor, or if the medical services were not provided due to no fault of the Customer.

4. FORCE MAJEURE

4.1. The Parties shall be released from liability for complete or partial failure to fulfill their obligations under this Agreement if such failure was caused by force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent through reasonable measures.4.2. The Parties agree to consider the following as force majeure circumstances: accidents, equipment breakdowns, floods, earthquakes, fires, and other natural disasters, war, military actions, acts of terrorism; strikes complying with the law, acts of central government authorities beyond the reasonable control of the Parties (hereinafter referred to as 'Force Majeure').4.3. In the event of force majeure circumstances as defined in paragraph 6.2 of this Agreement, the affected Party shall immediately notify the other Party by any available means and as soon as possible provide written Notice of the occurrence of such circumstances (hereinafter referred to as 'Force Majeure Notice').4.4. The Force Majeure Notice must contain exhaustive information about the nature of the force majeure circumstances, the time of their occurrence, and an assessment of their impact on the Party's ability to fulfill its obligations under the Agreement and on the procedure for fulfilling the obligations under the Agreement, if possible.4.5. When the force majeure circumstances defined in paragraph 6.2 of this Agreement cease to exist, the affected Party must immediately, but in any case no later than 24 (twenty-four) hours from the time the Party became aware or should have become aware of the cessation, provide written notice to the other Party about their cessation. Such notice must include information about the time of cessation of such circumstances and an indication of the period during which the Party will fulfill its obligations under this Agreement.4.6. The existence and duration of force majeure circumstances must be duly confirmed by the authorized competent authority of the state where the respective circumstances exist.4.7. If the Party affected by force majeure circumstances fails to send or delays sending the Force Majeure Notice as defined in paragraphs 6.3 and 6.4 of this Agreement, such Party loses the right to invoke force majeure circumstances as grounds for release from liability for complete or partial non-performance of its obligations under this Agreement.4.8. In the event of force majeure circumstances as defined in paragraph 6.2 of this Agreement, the time for the Parties to fulfill their obligations under this Agreement is extended by the time during which such circumstances exist.4.9. In cases where the circumstances defined in paragraph 6.2 of this Agreement last more than 3 (three) months or when, upon the occurrence of such circumstances, it becomes apparent that such circumstances will last longer than this period, either Party has the right to terminate this Agreement unilaterally.4.10. The Parties acknowledge that this Agreement is concluded during the period of martial law introduced by the Decree of the President of Ukraine 'On the Introduction of Martial Law in Ukraine' dated February 24, 2022, No. 64/2022 with subsequent amendments. According to the letter from the Chamber of Commerce and Industry of Ukraine dated February 28, 2022, No. 2024/02.0-7.1, the military aggression of the Russian Federation against Ukraine, which led to the introduction of martial law in the country, is a force majeure circumstance (an extraordinary and unavoidable circumstance).4.11. Given the circumstances outlined in paragraph 6.10 of this Agreement, the Parties confirm their intention to conclude this Agreement, and the force majeure circumstances (martial law) that have been in effect in Ukraine since February 24, 2022, as of the date of this Agreement, do not prevent the Parties from duly fulfilling their obligations under this Agreement.