Terms and Conditions

INTRODUCTION

These Terms and Conditions of use (hereinafter the “Terms” and/or “Conditions”, if applicable) properly regulate the commercial relationship regarding your access or use or contracting of our application for mobile devices known as TUHESTIA and/or a website on the website www.hestiafertility.com and/or in person (the “Platform”), which you as a user (hereinafter “You” or “User”) agree with HESTIA CLINIC, S. de R.L de C.V., (hereinafter “We” or “HESTIA”) (hereinafter the “Service” or the “Services” as detailed below). Every time a person accesses the Platform, they acquire the status of User. When accessing the Platform, the User must subscribe to the terms and conditions, additional or complementary privacy notices to these that are required for the purpose of receiving the Services. In this sense, the User, by accessing the Platform or using the Services provided, tacitly and unconditionally accepts being bound by the terms and conditions contained in these Terms and Conditions, and therefore adheres to their content and scope in the version published online by HESTIA from time to time on the Platform. Therefore, the User is recommended that each time they use the Services they carefully read the Terms and Conditions or documents indicated. These may be updated and/or modified by HESTIA at any time without personal notification to the User. In relation to the above, the User may at any time examine the updated version of these Terms and Conditions only by clicking on the Terms and Conditions text located at www.hestiafertility.com .

HESTIA’s collection and use of personal information in connection with the Services is in accordance with HESTIA’s privacy notice available at www.hestiafertility.com . Likewise, HESTIA may provide a claims processor or insurer with any necessary information (including your contact information) if there are complaints, disputes or conflicts, which may include a breach of contract, involving you and a third party and such information or data. were necessary to resolve the complaint, dispute or conflict.

These Terms and Conditions of use properly regulate the contractual relationship of a commercial nature that binds the User who accesses and/or uses the Virtual Platform and/or uses the Services and HESTIA in its capacity as commercial intermediary, especially in the authorization of use that grants the latter in favor of the former as well as the use that the Users give to the Platform.

References to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in the creation, and/or development of the Platform, as well as the Services offered and/or their content.

SECURITY AND PASSWORD

You are solely responsible for maintaining the confidentiality of your account and password, as well as any and all statements made and acts or omissions incurred through the use of your account and password, including any charges incurred. Therefore, you should take steps to ensure that others do not have access to your password. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing. As you are fully responsible for the confidentiality of your account and password, you are responsible for the use you give to your account, as well as the use that is given to your account in the event of access by a third party using your password.

USE OF THE PLATFORM OUTSIDE THE NATIONAL TERRITORY

These terms and conditions of use are applicable to individuals located in Mexico or to individuals from anywhere in the world who wish to acquire HESTIA Services in Mexico.

TERMINATION OF USE

You agree and acknowledge that subject to our sole discretion we may terminate or suspend your access to all or part of the Platform and/or the Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. . Any suspicious, fraudulent, abusive or illegal activity may be grounds for terminating the business relationship with you and may be referred to competent authorities. In the event of termination or suspension, regardless of the reasons thereof, Your right to use the Services available on this Platform will cease immediately, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files. in your account, as well as prevent any further access to said files or this Site. We will not be liable to You or any third party for any claims or damages arising from the termination or suspension or any other actions taken by us in connection with the termination or suspension.

DESCRIPTION OF SERVICES AND GENERAL INFORMATION

HESTIA is a legal entity with commercial purposes, whose Platform and Services allow individuals to access the health services offered on the Platform, which are, but not limited to, listed below:

• Gynecology
• Fertility
• Nutrition
• Psychology
• Acupuncture
• Genetics
• Laboratory

Prices for the Services are set as packages or individual prices as described on the Platform. The Platform and/the Services are merely informative and at no time can they be taken as recommendations from doctors or health professionals, so it is the User’s responsibility for the use they give to said information and/or with respect to the Medical Services provided by the Supplier.

DO NOT USE EMERGENCY SERVICE

IF YOU ARE FACING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY LINE, IMMEDIATELY. HESTIA DOES NOT PROVIDE EMERGENCY MEDICAL SERVICES.

The HESTIA Platform or any of the Services are not designed or prepared to respond to emergencies or urgent situations. You should not discard or delay seeking medical opinion regarding any information contained or not contained on the Site. If you believe you are in a medical emergency, immediately call 9-1-1 or any other emergency service number available to you. You should seek emergency help or perform appropriate care when recommended by your Provider or as necessary. You should in any case continue your consultation with your first contact doctor and other health professionals as recommended. Always seek the advice of a physician or other qualified health professional regarding questions regarding a medical condition before stopping, starting or modifying any treatment or medication.

RISKS OF USING REMOTE MEDICAL CONSULTATIONS

In using the Remote Consultation Services offered, you understand the potential risks associated with remote health services. These include, but are not limited to, the following: the information transmitted may not be sufficient (for example, low image resolution) to allow appropriate health or medical decisions to be made by the Provider; delays in treatment evaluation may occur due to system failures; Lack of access to your medical history may result in unwanted drug interactions, allergic reactions, or other errors in judgment; Although the electronic systems used are secure and incorporate software and network security protocols to safeguard the privacy and protection of your medical information, said protocols could err and cause some compromise of your information, for which HESTIA or the Clinics that arise for this reason.

REGISTRATION AND DATA CAPTURE

In order to access some of our Services, the User must create an account and generate a password through the Platform and/or by filling out forms in person, where certain information and personal data will be required (“ Registration Data"). Once registered, you declare that all information provided in the Registration Data is true and correct, and that you are authorized to use said information for the purchase of Medical Services.

You must enter all fields with accurate, complete, current and true data to create a profile on the Platform. By entering your personal data on the Platform and/or in person, you declare that said data (the “Personal Data”) is accurate, precise and true, and you assume the commitment to update said Personal Data as necessary. HESTIA is not responsible for the accuracy of the Personal Data provided by you. You guarantee and are responsible for the veracity, accuracy, validity and authenticity of the Personal Data entered. You must declare an email address in the “Contact Information” section or to the HESTIA sales agent. This email is our means of contact with you. Check that the email provided as a point of contact is correct and keep an eye on the information that will be sent to that email. It will be considered that you took timely knowledge of the confirmation of your Purchase Request or any inconvenience or variation thereof with the sending of said information to the email address provided by you. Please note that if the email declared by you contains any error, you will not receive essential communications for the management of your Purchase Request. Your Personal Data is collected, processed and treated in terms of the privacy notice published on www.hestiafertility.com .

You must declare and fill out your exact tax information in the “Billing Information” section or in the HESTIA personnel section in order to issue the corresponding tax receipt. You declare that such data is accurate, precise and true. HESTIA will not be responsible for the issuance of documents with incorrect information provided by you. You guarantee and are responsible for the veracity, accuracy, validity and authenticity of the tax data entered. Updating Personal Data will not affect the tax billing data provided by You.

In cases where the Provider requires it, the Personal Data of the User and/or of the people that the latter designates for the use of the Medical Services must match their data provided on the Platform, for which HESTIA is not responsible. for any inconsistencies and damage caused by the foregoing. In the case of tickets or accesses, HESTIA reserves the right to deliver them with information other than that provided by the User.

PRICES AND DESCRIPTION

Prices of the Services may fluctuate in the open market based on demand and/or the decision from time to time of the Suppliers, our retail prices are considered final once your order is confirmed. The price paid may vary from the nominal and/or market value of the Medical Services. No refunds or upgrades will be given.

Occasionally, prices for Services are incorrectly listed on our Site. In the event that any Product or Service is listed at an incorrect price due to a typographical error, or an incorrect price resulting from information received from a third party or business associate, we maintain the right to refuse or cancel any order or purchase made. at the wrong price. We have the right to cancel or refuse the purchase whether or not such order has been confirmed and your credit or debit card has already been charged with said amount. If your credit or debit card has already been charged with said order and your order is cancelled, we will promptly proceed to restore the credit to your used card up to the amount covered.

The Medical Services may have descriptive notes, it is Your responsibility to refer to these notes for any details associated with the Medical Services. If you are unsure or do not understand a description of any of the Medical Services, please contact us for more information. We are not responsible and we do not issue returns, cancellations or exchanges for assumed services not detailed in the descriptive notes.

ELECTRONIC COMMUNICATION

When you use the Site or Services, or send us emails, messages and other communications from your desktop computer or mobile device, you are communicating with us electronically. You agree to receive communications from us electronically. You accept that (a) all agreements and consents, which must be signed, can be signed electronically, in accordance with articles 80, 89, 90, 96 and 97, as well as other applicable ones of the Commercial Code, and (b) All notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement as if such notices and other communications were in writing. HESTIA and the Clinics may contact you, according to the data you have provided, by telephone, SMS, postal mail, email or any other channel/mechanism to verify your needs and information requirements. HESTIA and the Clinics may request additional information from you and you agree to provide such additional information to ensure that you have not created your Account fraudulently. If you do not provide this information as requested, we reserve the right to suspend, discontinue or deny your access to and use of the Site and Services until you provide us with the requested information.

In compliance with the applicable provisions on data messages, it is communicated that messages by electronic means have an evidentiary character and entity. Consequently, Users understand that by exchanging messages by electronic means, the User can give rise to the birth, modification and extinction of obligations, with the content, consequences, responsibilities and effects of the information generated being their exclusive responsibility.

All notifications between the User and Us will be in writing and will be made by email, to the following address: contacto-terminos [at] hestiafertility [dot] com , by HESTIA and by the User to the email address that You provide. in your Contact Data, notwithstanding the above, notifications can be sent to the email address provided to generate your account or, where applicable, to the address indicated by you as part of your Registration Data. Additionally, we may post notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, which will constitute notice to you.

CONSENT TO RECEIVE CALLS, TEXT MESSAGES, SOCIAL MEDIA NOTIFICATIONS AND EMAILS

Except as provided in the Privacy Policy, in accordance with protected health information, privacy and consumer information processing rules, when you provide or contact us via your mobile phone number, social media data or email address. email, as applicable, you agree that HESTIA and the Clinics may contact you at the mobile phone number or email address you have provided, including calls, text messages, social media and emails to receive information related to the Products or Services (for example, progress tracking, medication refill reminders, checkup reminders, etc.) and marketing communications related to the Site and Services. Message and data rates may apply. For more information or to stop receiving this communication, please contact us at communicationconsent [at] hestiafertility [dot] com . Please note that if you stop receiving text messages or emails from us, you may not receive important and helpful information or reminders about your progress and treatment.

COVID-19 SITUATION

Because there is an inherent risk of exposure to COVID-19 in any public place where people are present and where COVID-19 is an extremely contagious disease that can cause serious illness and death according to the Centers for Disease Control and Prevention, people Older people and those with medical conditions are especially vulnerable. You voluntarily assume, on behalf of yourself and everyone accompanying you, all risks related to exposure to COVID-19.

On behalf of You and Your Related Persons (defined below), You release (and agree not to sue) each of the Released Parties (defined below) with respect to any and all claims You assert. or any of its Related Persons may have (or accrue hereafter) against any of the Released Parties and that relate in any way to: (i) exposure to COVID-19; (ii) entry or presence in or around any Medical Facility, including all risks related thereto; (ii) or compliance with the protocols applicable to the Medical Service; or (iii) any interaction between You and any personnel of any Released Party present at the Medical Service, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise, as defined below :

• “Related Persons” means your heirs, assigns, executors, administrators, next of kin, anyone attending the Medical Service with You, the persons you represent have authorized you to act on your behalf for the purposes of these Terms. and Conditions and other persons acting or purporting to act on your or their behalf.
• “Released Parties” means the Providers and HESTIA and each of their respective Affiliates, managers, designees, direct and indirect, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and any other staff.

COMPENSATION

You agree to defend, indemnify without limitation and hold harmless Us and our Affiliates from all liabilities, claims and expenses, including attorneys’ fees, arising from your use or misuse of this site and/or the Medical Services when you cause damage to HESTIA due to their misuse.

We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter resulting in indemnification by You, in which case You agree to cooperate with Us and repay any amounts applicable to Hestia to carry out any defense available.

CONTENTS

Through the Platform, HESTIA may make available to Users commercial and advertising information, whether of its own or of third parties, in accordance with good commercial customs. In these cases, HESTIA does not endorse, guarantee or undertake its responsibility for the services and/or products marketed by these third parties, since the Platform serves as a communication and advertising channel, consequently access is the full responsibility of the Users. to the sites that send advertising, assuming the obligation to verify and know the terms of the services offered by third parties.

All information made available on the Platform such as images, advertising, names, brands, slogans and other intellectual property elements; are used legitimately by HESTIA either because they are its property, because it has authorization to make them available or because it is empowered by current applicable legislation.

INFORMATION MANAGEMENT

The information collected by HESTIA in the transactions carried out is provided by the Users freely and voluntarily, so that it can be managed by HESTIA or by whomever it designates, which implies its collection; storage on servers or repositories of HESTIA or third parties; circulation of the same within the HESTIA organization; communication to Users commercial, advertising and marketing information related to their commercial activity.

Likewise, the information collected will be analyzed in order to improve HESTIA’s business strategy, supported by business intelligence and data mining tools, which allow acquiring prospective knowledge for prediction, classification and segmentation purposes.

The User may exercise their right to know, update, modify and delete the Personal Data existing in the databases associated with the Platform. To do this, you must make the request for consultation, claim or deletion in accordance with the privacy notice published at www.hestiafertility.com .

HESTIA is responsible for the processing of personal information collected through the Platform, a responsibility that may be delegated to a third party, as the person responsible or in charge of the information, contractually ensuring adequate treatment of the same.

Likewise, by accepting these terms and conditions, the User expressly states that he or she has read and accepted the HESTIA privacy notice available at the electronic address: www.hestiafertility.com .

USE OF COOKIES AND WEB BEACONS

Cookies are text files that are automatically downloaded and stored on the hard drive of a user’s computer when browsing a specific Internet page, which allow the Internet server to remember some data about a user, including their preferences. to view the pages on that server, name and password.

For their part, web beacons are images inserted into an Internet page or email, which can be used to monitor a user’s behavior, such as storing information about a user’s IP address, duration of interaction time on said page. and the type of browser, among others. When the User uses the Platform, HESTIA, or its Internet service providers, may use cookies, web beacons or similar technologies. HESTIA uses cookies to help identify the User to improve their experience on the website, to evaluate promotional effectiveness and to guarantee trust and security on the website.

When the User interacts with the Services, in addition to cookies and web beacons, HESTIA may use various technologies, including pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies or other technologies. tracking, to automatically collect certain general data and information from the User, including aggregated measurements of the use of the Services as well as technical data and other aggregated data regarding the User’s use of the Services and that does not identify the User personally.

HESTIA may use this data to analyze, improve, support and operate the Services, for distribution in general benchmarking data and industry demographic and usage reports and/or other business purposes. For example, we may track the total number of visitors or users of the Services, the number of visitors, the domain names of Users’ Internet service providers, and how User uses and interacts with the Services.

HESTIA may also remove personal information from the HESTIA terminal data and group it with other anonymous data, accumulate and/or combine the grouped data together with other information.

COPYRIGHT AND INTELLECTUAL PROPERTY

The User acknowledges that the Platform and any software, ideas, brands, processes, data, text, media and other content available on the Platform may be protected by HESTIA through intellectual property laws and other applicable laws. The User declares that he is aware and agrees that the content found on the Platform and/or information presented to his attention through the Platform or Suppliers or from sponsors and advertisers, may be protected and/or its use limited by rights. copyright, reproduction, trademark, patent or other proprietary rights and applicable laws.

Users hereby undertake not to modify, copy or reproduce, rent, lend, sell, distribute or create works from the Platform and/or works derived from and/or based on the Platform HTML/CSS, JavaScript, visual design elements. and/or concepts of the Platform in whole or in part.

The User agrees not to reproduce, duplicate, sell or exploit for commercial reasons, all and/or any portion of the Services or the content of the Platform under any circumstances.

FORCE MAJEURE

In addition to any exclusion of liability indicated by applicable laws, we will be exempt from liability for non-delivery or delay in delivery of products, Services and/or Medical Services available through our Platform arising from any event beyond our control. reasonable, foreseeable or not by either party, such as labor unrest, pandemic, health risks, war, riot, fire, accidents, adverse weather conditions, inability to secure transportation, government act or regulation and other causes or events beyond our reasonable control, whether or not they are similar to those listed above, which they indicate by way of example but not limitation.

DIVISIBILITY

If any provision of these Terms and Conditions is held invalid or unenforceable, such provision will be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining provisions will remain in full force and effect.

NO RESIGNATION

The failure of Us to take any action to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of such right or provision.

TOTAL AGREEMENT

The User expressly states that he or she has the legal capacity to use the Platform and to celebrate and/or subscribe to contracts or documents that may be generated. Likewise, they state that they have provided real, truthful and reliable information. Therefore, they expressly and unequivocally declare that they have read, understand and accept all of the assumptions provided for and regulated in this document of Terms and Conditions of use of the Platform, for which they undertake to fully comply with the duties, obligations, actions and omissions expressed herein. These Terms and Conditions constitute the entire and complete agreement between the parties in relation to the Services, and supersede all prior agreements and understandings of the parties with respect to the same.

HESTIA will make available to the corresponding User the particular terms and conditions for special operations that are reported or contracted on the HESTIA Platform, as well as, once the User is authenticated on the Platform, information such as online diagnoses, obstetrics and laboratory tests, or any other applicable in terms of the Services contracted by the corresponding User. In the event of a discrepancy between these Terms and Conditions and any other document signed on the Platform, these Terms and Conditions will prevail.

JURISDICTION AND APPLICABLE LAW

For the purposes of these Terms and Conditions, Users agree to be bound by the applicable federal laws of Mexico.

For the interpretation and execution of these Terms and Conditions regardless of the place where the use of the Platform takes place, the parties expressly agree to submit to the jurisdiction and competence of an arbitration panel, solely for a conciliation process. If it is not resolved at that stage, the parties agree to submit to the jurisdiction and competence of the competent courts of Mexico City, Mexico, expressly waiving the jurisdiction that may correspond to them by reason of their present or future domicile, recognizing that their solution , if applicable, it must be done through commercial means.

ACCEPTANCE

By using the Platform, whether by accessing or remaining on it, or by indicating your acceptance in any way (for example, by accepting by creating or logging into your account, clicking "I accept" in any item or section of the Platform, etc.), the User declares and guarantees that he has read, understands and agrees to be bound by these Terms and Conditions and the conditions of the Medical Service Providers. If the User does not agree to be subject to the terms of these Terms and Conditions, he or she may choose not to access or use the Platform and/or the Services.

BY CONTINUING TO USE THIS PLATFORM, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS, AS WELL AS ANY OTHER AGREEMENTS WITH HESTIA. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLOSE THE SALE AND LEAVE THE PLATFORM.