IVF Cryo LLC, (“Company”), provides Services under an Order or Services Agreement. For avoidance of doubt, Services shall mean the provision of a Shipping Unit(s) and nothing else. Company only provides a Shipping Unit(s), without warranty to its suitability for any purpose. Any logistic planning of shipments is NOT a Service provided by Company but is a complimentary benefit of using Company’s Services.

Company acknowledges that, regardless of best efforts and reasonable actions, Shipping Unit(s) sometimes fail, causing damage to Customer Specimen(s). While specifically disclaiming any fault, liability, or warranty, but as an effort of goodwill, Company offers this Service Guarantee.

Based on the Declared Value of the Specimen(s), Company will provide a Service Guarantee for an Order in an amount selected by the Customer and based on the standard amounts offered by the Company.

All Orders and Service Agreements are controlled by the Terms and Conditions. The Terms and Conditions, together with the Order, the Services Agreement, this Service Guarantee, and any Schedules and Exhibits, with attachments, constitute the entire agreement of the parties.

1. CLAIMS CONDITIONS PRECEDENT

To submit a claim under this Service Agreement, the following conditions MUST occur.

1. Customer must have submitted an error-free Order.

2. Customer’s shipping and receiving companies must have met their obligations of properly
preparing the Shipping Unit(s) and providing it to Company’s proper courier on-time.

3. If Customer is an individual (non-corporate client) they must have paid in full prior to the shipment being picked-up at the Company facility. If the Customer is a corporate client, they must be in good financial standing with Company and must not have any amounts past due in the previous 6 to the occurrence of the shipment in question.

4. Shipping Unit(s) with included Specimen(s) must have been retrieved by Company couriers from a shipping facility with no issues or damage documented by the shipping facility.

5. Shipping Unit(s) must arrive at the receiving facility (or returned to shipping facility) at a temperature warmer than -130 degrees Celsius. Temperature must be taken at Specimen(s) storage level within the Shipping Unit(s) with an NIST certified/traceable thermometer that has been calibrated according to manufacturer guidelines.

2. CLAIMS INFORMATION REQUIRED

To present a successful claim, once the preceding conditions are met, Customer MUST present the following evidence to Company to ensure the applicability of this Service Guarantee.

1. Customer must present evidence that the applicable Order was placed with accurate information.

2. Customer must present evidence that payment was made, or if a corporate client that they are in
good financial standing and have not previously missed or been late on a payment.

3. Customer must present evidence, ie written statements or other verifiable documentation, made or created by the shipping and receiving clinics, indicating that the Shipping Unit(s) was/were
provided in a timely and proper manner.

4. Customer must present verifiable evidence, ie written statements or other verifiable documentation, of the condition of the Shipping Unit(s) when it arrived at the shipping and/or receiving facility.

5. Customer must present evidence of the temperature inside the Shipping Unit(s) at the level the Specimen(s) was/were stored upon immediate arrival at the receiving facility.

6. Customer must present pictures/video of the Shipping Unit(s) indicating any applicable damage.

7. Customer must present written statements from shipping and receiving facility staff to indicate how they determined the Shipping Unit(s) was/were at a temperature warmer than -130 degrees Celsius at the level where the Specimen(s) are stored.

8. Customer must present verifiable documentation, indicating the fair market value of the Specimen(s). This documentation may include receipts of procedures, medications, storage, etc; however, only the Declared Value will be considered for payout up to the amount of the Service Guarantee provided. In no case, will evidence of value above and beyond the Declared Value be considered.

3. PROCESS FOR FILING A SERVICE GUARANTEE CLAIM

DETERMINATION OF WHETHER A CLAIM UNDER THIS SERVICE GUARANTEE IS SUCCESSFUL IS AT THE SOLE DISCRETION OF THE COMPANY. THE DECISION MAY NOT BE APPEALED OR CHALLENGED.

1. All claims must to submitted in writing within 30 days of the Shipping Unit(s) being delivered to the Shipping Facility, Receiving Facility, or authorized 3rd Party, thus completing the shipment. All associated requirements of the claim must be submitted within these 30 days. Any claims submitted after 30 days will be considered null and void.

2. Company will work with Customer to identify all of the above information needed to submit a claim. It is the Customers responsibility to obtain and submit all required information to the Company.

3. Company will review the claim and associated claim documents to ensure all requirements are met. At this time, the company may choose to request additional information, submit the claim as is, or reject the claim.

4. If Company determines all claim requirements are met satisfactorily, Company may submit a claim to Company’s insurance company for reimbursement.

5. If Company is reimbursed by its insurance company for the claimed loss, subsequent payment in the amount of proven value (up to the maximum amount selected by Customer) will be paid out to Customer. The value of reimbursement received by Company from its insurance company shall have NO relationship to the amount of payment made to Customer under this Service Guarantee.

7. The Service Guarantee process may take up to six (6) months for a claim to be reviewed and processed. Company shall not be responsible for any damages or delays in the interim. If a determination has not been made within six (6) months from the date of submission under this Service Guarantee, Customer may request Company to make an internal decision regardless of the insurance company’s timeline.