General Terms and Conditions ("GTC") Cada Health AG

1. Our Services

We carry out fertility analyses, diagnostics and procedures for medically assisted reproduction to improve the chances of conception for couples wishing to have children ("Services"). We use three methods: "hormone therapy", "homologous intrauterine insemination" and "homologous intrauterine insemination in combination with hormone therapy" (hereinafter "treatments").

2. About Us

The services are provided by Cada Health AG under the brand name “Cada Fertility” (“Cada”, “we”, “us”), Ankerstrasse 53, 8004 Zurich. You can find out more about us here. If you have any questions or concerns, the best way to reach us is at [email protected].

3. What do these GTC regulate?

3.1

These terms and conditions regulate the legal relationship between you and Cada, for example if you register for an appointment and/or use our services.

3.2

You and Cada are hereinafter collectively referred to as "Parties" and each individually as "Party".

4. Who do we treat?

4.1

Our services are aimed at private individuals and are available to persons who are at least 18 years old and of sound mind..

4.2

We can only treat people who are suitable for the respective treatment. It is therefore a mandatory prerequisite for treatment that a preliminary examination and an analysis take place (see in particular the patient information) and that the suitability test is positive. We also reserve the right to reject people who have other reasons for exclusion.

4.3

By agreeing to these GTC, you confirm that these requirements have been met.

5. How does the treatment work?

The treatment at Cada consists of a so-called preliminary phase and a treatment phase.

5.1. Preliminary Phase: Booking, Analysis, Contract

The preliminary phase usually proceeds as follows: First you select your desired date for the free consultation with us online, preferably via our website. At the free consultation appointment (1st appointment) you will be informed about what the treatment at Cada looks like and what treatment options there are in general. If you are interested, we will arrange an analysis appointment. At the analysis appointment (2nd appointment, approx. 45 minutes) we will check whether and which treatment is suitable for you personally. Various samples (blood, urine, sperm) are taken from you and your partner and then analysed for various parameters by an external laboratory. An ultrasound is also carried out as part of the preliminary examination in order to be able to better assess the anatomical structures. To discuss the evaluation of the analysis and preliminary examination, we will arrange the treatment plan appointment with you. At the treatment plan appointment (3rd appointment) we discuss the results and the appropriate procedure. Based on this, a personally tailored treatment plan will be created for you. After we have received your consent to the appropriate treatment plan, you can decide whether you want to carry out your treatment after observing the legal reflection period. If this is the case, you will receive an offer from us that is valid for one month ("acceptance period"). The contract for your treatment is concluded when you accept the offer (usually as soon as you have signed it and sent it back to us). If your commitment is made after the acceptance period has expired, it represents a new offer on your part, which is deemed to have been accepted if we confirm this to you in writing (e.g. by email).

5.2 Treatment Phase: Kick-off Treatment, Check-ins, Treatment, Pregnancy Test

The treatment phase usually proceeds as follows: Once you have decided on treatment with us, read the patient information and signed the declaration of consent, we will arrange the kick-off appointment for your treatment with you (1st appointment). At this appointment we will carry out another ultrasound examination and blood analysis by an external laboratory and instruct you on the further course of the treatment. After that, the progress of your treatment will be checked at check-in appointments. The actual procedure is carried out around day 14 of the female cycle. You can find the exact procedure in your treatment plan, or we will go through it with you step by step. Two weeks after the actual procedure, the success of your treatment will be checked using a pregnancy test (blood test). The treatment methods are as follows: Extended diagnostics If, on the basis of the analysis and the preliminary physiological examination, it has been shown that further clarifications are necessary, further diagnostic procedures, such as blood analyses, hysterosalpingographies, hysteroscopies diagnostically (without curettage), etc., can be carried out. Medically assisted reproductive procedures: Hormone treatment With hormone treatment, egg maturation and ovulation can be stimulated by taking hormones. Because ovulation is triggered by medication, it can be guaranteed that fertilisable sperm from spontaneous sexual intercourse are in the fallopian tube at the ideal time, i.e. shortly before the expected ovulation. Medically assisted reproductive procedures: Homologous intrauterine insemination ("IUI") In intrauterine insemination, after sperm processing, as many motile, fertiliable sperm as possible are transferred into the uterus with the help of a catheter shortly before ovulation. By placing the sperm directly into the uterus, a larger number of healthy sperm can reach the egg, increasing the chances of the egg being fertilised. The semen sample for the IUI comes from your own partner (homologous insemination) and the treatment is timed to match the woman's spontaneous cycle. Procedures of medically assisted reproduction: homologous intrauterine insemination with hormone treatment In a homologous intrauterine insemination with hormone treatment, as many motile, fertilisable sperm as possible are transferred into the uterus with the help of a catheter in a hormonally stimulated cycle after sperm preparation shortly before ovulation. Because ovulation is triggered by medication, it can be guaranteed that sperm capable of fertilisation will find themselves in the fallopian tube at the ideal time, i.e. shortly before the expected ovulation. By delivering the sperm directly into the uterus, a larger number of healthy sperm can reach the egg, which also increases the chances of the egg being fertilised. The semen sample for the hormone-stimulated IUI comes from your own partner (homologous insemination).

5.3 Subcontracting

Cada is entitled to involve third parties as subcontractors for the execution of the services, e.g. the external laboratory for the analyses. You hereby expressly agree to this.

6. Costs

6.1

Treatment costs depend on your health insurance coverage. If the services are covered by the health insurance company, they are shown based on the TARMED tariff structure, which is used to bill outpatient medical services in medical practices and hospitals with an individual service tariff.

6.2

For treatments that are not covered by basic insurance or supplementary insurance and thus the health insurance companies, you will be informed of the costs in our offer, which you will receive after the preliminary examination. Costs that have been announced in any other way (in particular verbally, in brochures or on the website) are not binding and do not constitute an offer.

7. Payment for Your Treatment

7.1 General

7.1.1

The treatment costs must always be paid in full after receipt of your invoices. You will receive different invoices (usually 4), once after the end of the preliminary phase (usually after the treatment plan appointment) and once after the end of the treatment phase (usually after the pregnancy test). You will receive the invoices of the subcontractors involved (e.g. external laboratory) directly from them. Just as you receive multiple bills, your partner also receives bills for their treatment costs.

7.1.2

Alternatively, we also offer installment payments if the conditions are met (see Section 7.2).

7.1.3

You agree to fully assume any fees or other transaction costs that may be incurred when transferring money to our bank account.

7.1.4

Payments must be made in Swiss Francs (CHF).

7.2 Installment Payment

At the moment we do not offer installment payments. During your free consultation appointment, you are welcome to find out whether installment payments are already available.

8. Delay, postponement and termination of treatment

8.1 General

Please note that if we have arranged treatment appointments with you, we reserve this time exclusively for you. We understand that there may be times when an unforeseen event occurs and you are unable to attend one of your treatment appointments or cannot attend them on time. Should such circumstances occur to you, we ask that you contact us immediately by email at [email protected] or by phone

8.2 Delay and Postponement of Treatment

If you arrive late for your treatment appointment, you are only entitled to treatment during the agreed treatment time. If your delay causes additional costs (e.g. because an additional appointment or overtime is necessary for our staff), you undertake to pay these. If the treatment can no longer be carried out due to your delay or if you do not show up for the treatment appointment, an alternative appointment will be arranged.

8.3 Termination of Treatment

8.3.1

Please note that your treatment begins when you arrange the analysis or kick-off appointment (even if you postpone it or miss it due to being late or not showing up). If you stop the treatment for any reason, you agree to pay 25% of the treatment costs.

8.3.2

We are entitled to refuse your treatment without reimbursement of the fee if the treating doctor no longer considers the treatment to be justifiable from a medical point of view (e.g. non-compliance with the doctor's instructions, failure to provide relevant information during the preliminary examination, etc.). In this case, you agree that you are not entitled to any (partial) reimbursement of your treatment costs.

8.3.3

If your treatment is canceled and later resumed, we reserve the right to make you a new offer.

9. What do you commit yourself to?

9.1

You commit yourself a) to act in good faith and in particular to provide truthful information about your person, health and physical condition; b) to provide us with your correct contact information; c) to be solvent when ordering our services; d) to notify us immediately of any insolvency occurring during treatment; e) to follow our instructions when using our services; and f) to only provide us with information and documents that you are entitled to and that may be shared with us.

9.2

In the event of a breach of these obligations, we are entitled to refuse you our services. You also agree to bear the costs we incur as a result.

10. What are your rights if the treatment does not go as expected?

10.1

We draw your attention to the fact that we cannot guarantee the success of the treatment, as each person responds individually to the treatment.

10.2

If the treatment does not lead to the desired result and you are not satisfied, we ask you to contact us so that we can examine your request.

10.3

There are no claims such as warranty rights (rectification, reduction or similar) if the treatment does not lead to the desired result or does not correspond to what you had hoped for. We will try to find a suitable solution together.

11. Patient Information

11.1

The patient information provides information about how the treatments work and what risks and side effects can occur.

11.2

Please read the patient information carefully and ask us any questions.

12. Disclaimer

12.1

You confirm that you have been informed about the risks and side effects of the treatments and that you accept them.

12.2

You agree to hold us completely harmless and not to assert any claims should risks or side effects occur and damage arises as a result. This is especially true if you don't follow the doctor's instructions before, during, or after your treatment.

12.3

To the extent permitted by law, liability for slight negligence is excluded. Cada is liable for the behavior of the subcontractors involved in accordance with Art. 399 Para. 2 of the Swiss Code of Obligations.

13. Privacy

13.1

In the data protection declaration we inform you how we process and protect your personal data. By using our services, you agree to this.

13.2

For legal reasons, we keep your patient files for 20 years.

14. Entirety of Contract

14.1

These terms and conditions, together with the documents you sign when agreeing to treatment, the patient information and the data protection declaration, regulate all the rights and obligations of the parties in connection with the services we provide.

14.2

Changes, ancillary agreements and supplements require written confirmation (e.g. by e-mail) to be effective.

15. Waiver of Rights

If a party fails to perform any part of the contract and the other party does not insist on proper performance, that does not waive the right to performance of other parts of the contract.

16. Severability Clause

If one or more provisions of these terms and conditions are invalid or ineffective, the remaining provisions remain unaffected. The parties will replace the invalid or ineffective provisions with those that are valid and effective and that best reflect the original will of the parties and, if possible, lead to the same economic result.

17. Amendment of these GTC

17.1

We can change these terms and conditions at any time. We will inform you of the change in an appropriate manner.

17.2

Without your written (e.g. e-mail) objection within one month after we have informed you, the changes are deemed to have been approved.

17.3

The currently valid version of these General Terms and Conditions can be found on our website.

18. Governing Law and Jurisdiction

18.1

Swiss law is applicable to all claims of the parties in connection with the services provided by us.

18.2

The parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.

Zurich, November 29, 2023