SERVICE TERMS AND CONDITIONS

3billion Inc. (hereinafter referred to as “3billion”) specializes in rare disease genetic diagnostic services (hereinafter referred to as “Diagnostic Services”). These Terms of Use (hereinafter referred to as the “Terms”) set forth the rights and obligations between Customers and 3billion regarding the use of services provided through the 3billion website. Customers who do not agree to these Terms will not be able to use the services provided on the website.

Article 1 (Purpose of the Terms)

The purpose of these Terms is to define the rights and obligations between Customers and 3billion in relation to the use of services provided through the 3billion website.

Article 2 (Definitions)

The terms used in this agreement are defined as follows unless otherwise specified:

1. “Portal Site” refers to the site operated by 3billion to receive diagnostic service requests from Customers, accessible via the URL https://portal.3billion.io.
2. “Customer” refers to an individual or institution that creates a user account on 3billion’s Portal Site and requests diagnostic services from 3billion, or a representative acting on their behalf to make such requests.
3. “Order” refers to the act of requesting diagnostic services on the Portal Site by the Customers.
4. “Deliverable” refers to the test results generated from the requested order.
5. “Completion Date” refers to the date when the Deliverable is provided to the Customers. However, in cases where payment is made post-service completion based on mutual agreement, the “Completion Date” is defined as the date of payment.
6. “Written Form” includes not only traditional written documents but also formats that can be verified through electronic documents or computerized records.
7. “Service” refers to the diagnostic services provided by 3billion, including but not limited to genetic testing, data analysis, and report generation based on the information and samples provided by the Customers.
8. “Report” refers to the document or electronic file generated as part of the Service, summarizing the results of the diagnostic analysis conducted by 3billion.
9. “Sample” refers to the biological material (e.g., blood, saliva, or other specimens) provided by the Customer or their representative, which is necessary for conducting the Service.

Article 3 (Creation of Portal Accounts and Orders)

1. Customers shall access the Portal Site, fill out the registration form designated by 3billion, attach medical practitioner verification documents if necessary, and apply for account creation.
2. 3billion shall create an account for the Customer unless there is false information, omissions, or errors in the registration details provided by the Customer as stipulated in Article 3, Section 1.
3. Customers shall notify 3billion of any changes to the information registered at the time of account creation within a reasonable period through information updates or other methods.
4. Customers are responsible for managing their ID and password and shall not allow third parties to use their ID and password.
5. If a Customer becomes aware that their ID and password have been stolen or are being used by a third party, they shall immediately notify 3billion and follow any instructions provided by 3billion.
6. Customers may request diagnostic services on the Portal Site by the following methods:
   a. Logging into the Portal Site.
   b. Filling in order information, patient symptoms, and relevant information for the genetic diagnostic test.
   c. Verifying the materials to be submitted, including patient specimens, genetic testing consent forms, and other test requisition documents.
   d. Confirming the terms and conditions, including cost-related information.
   e. Agreeing to this agreement and confirming or declining the matters outlined in Article 3, Section 6-d. (e.g., by mouse click or electronic signature).
   f. Submitting the purchase request and confirming it.
   g. Selecting the payment method.

Article 4 (Customer Obligations)

1. Customers must be healthcare professionals as defined by Medical Service Act and must request tests as part of their duties within a medical institution.
2. Customers must request diagnostic services for patients who, in their medical opinion, require rare disease genetic testing, and they are obligated to prepare samples that meet the conditions required by 3billion.
3. Customers are responsible for obtaining consent from the patients and any relevant institutions necessary for the testing. They must also submit consent forms and related documents as required by 3billion to proceed with the testing.

Article 5 (Effectiveness and Modification of the Terms and Conditions)

1. These Terms and Conditions shall be effective for all documents (inspection agreement, individual inspection contract, etc..) prepared for the use of 3billion's services and Customers who use 3billion's services.
2. 3billion may change the Terms and Conditions if necessary within the scope of not violating the relevant laws and regulations. If 3billion revises these Terms and Conditions due to changes in the law or business reasons, the revised Terms shall be posted on 3billion's website or notified to the Customer. The contents of the revised Terms not posted or notified on the website shall not apply to the Customer.

Article 6 (Scope and Details of Diagnostic Services)

1. 3billion shall perform the diagnostic services requested by the Customer through the Portal Site and deliver the results in the form of a report or other agreed format within the specified period.
2. If additional services, related items, or changes to the details of the order are required beyond the original request, a separate agreement will be made between 3billion and the Customer to add or modify the items or adjust costs. The terms of this separate agreement will take precedence over these Terms and Conditions.

Article 7 (Genetic Diagnostic Testing and Provision of Deliverables)

1. 3billion will initiate the test once the Customer has completed the payment and submitted all necessary materials including the patient's samples. However, if an agreement is made for post-test payment, the test will initiate once all necessary materials are submitted, and the payment will be invoiced thereafter.
2. 3billion will provide the Deliverable within the agreed-upon deadline. The deadline is no later than 5 weeks from the time the Customer has submitted all necessary materials (test requisition form, patient samples, genetic testing consent form, etc.) and completed payment. However, this may be subject to exception if special circumstances regarding the inspection have been previously discussed and agreed upon by both parties.
3. In cases where 3billion is unable to provide the Deliverables due to incorrect information provided by the Customer, such as errors in the email, address, or patient gender, or due to the Customer's negligence or failure to provide information within their control, the deadline specified in Article 2 shall commence from the point at which all preparations required for the inspection have been completed.
4. In cases where there is a delay in the performance of the diagnostic service or the delivery of the report, 3billion will immediately notify the Customer in writing of the reason for the delay.

Article 8 (Payment and Approval of Deliverables)

1. If payment is not made within 30 days from the date the Customer requests the diagnostic service through the 3billion Portal Site, 3billion may cancel the Order for the service. However, if 3billion and the Customer have agreed to a different payment date under a separate agreement, payment may be requested accordingly.
2. 3billion will invoice the Customer for the service fees, including VAT and other taxes typically owed for the provision of services or products. If additional taxes arise based on the Customer's specific circumstances related to the Deliverable, the Customer will bear the additional costs.
3. If payment for the diagnostic service is not made within 90 days (or within the agreed period if otherwise specified) from the issuance of the tax invoice for the service, 3billion may charge the Customer a delay compensation fee at an annual rate of 10%.
4. If the Customer fails to make payment despite 3billion's repeated requests, 3billion may refer the full or partial collection process to an external collection agency.
5. The Customer must inspect the Deliverable within 10 days of receiving the report or agreed-upon document and notify 3billion of any issues. If no notification is made within this period, the Deliverable will be considered accepted.
6. If the Customer notifies 3billion of issues with the Deliverable within the inspection period and it is agreed between the parties that the Deliverable is defective or requires re-provision, 3billion will provide the Deliverable again or conduct a re-test within the period agreed upon with the Customer.
7. If the issue with the Deliverable is due to a fault on the Customer’s side, such as issues with the provided sample, the Customer will bear the additional costs associated with the re-provision of the Deliverable.
8. If the Customer disputes the final amount on the invoice, they must notify 3billion within 5 days from the date the invoice is issued. If no dispute is raised within this period, the Customer will be deemed to have agreed to the final amount.

Article 9 (Test Process Structure)

3billion offers the following genetic tests: 3B-GENOME (Whole Genome Sequencing), 3B-EXOME (Whole Exome Sequencing), 3B-VARIANT (Sanger Sequencing), and 3B-INTERPRETER (Data Analysis).

1. For 3B-GENOME and 3B-EXOME tests, Sanger sequencing will be performed prior to reporting on variants whose quality does not meet the internal criteria for reporting without confirmation. There is no additional charge for confirmation.
   *The internal criteria for Sanger sequencing confirmation are as follows:
   a. Heterozygous SNV/INDEL: allele fraction > 0.3 and QUAL > 250
   b. Homozygous/hemizygous SNV/INDEL: allele fraction > 0.95 and read-depth > 10
   c. CNV: When the breakpoint (BP) can be accurately identified, and 90% of the reads overlapping the BP are of high mapping quality and are autosomal, additional read-depth must be ≥ 20.
2. If, despite meeting the above criteria, the Customer requests Sanger sequencing for 3B-GENOME or 3B-EXOME tests, the 3B-VARIANT test must be ordered separately. In this case, the Customer will be billed for the 3B-VARIANT test.
3. The allowable sample types may vary depending on the type of service. In addition to whole blood in EDTA tubes and gDNA, only samples collected using the kit provided by 3billion, such as buccal swabs or dried blood spots (DBS), will be eligible for analysis.
4. Regardless of the type of inspection service, 3billion will conduct DNA QC on the initial sample of the patient received for testing. If the sample fails the QC, 3billion may request an additional sample, up to one time, excluding the initially received sample. In such cases, 3billion will not charge additional fees for the delivery, management, or storage of the re-requested sample. However, as stated in Article 8, Section 7, if the failure is determined to be due to an issue with the sample provided by the customer, the customer may be charged additional fees.
5. Regardless of the test service type, the additional samples requested by 3billion will be requested as blood samples, which have a higher likelihood of passing DNA QC. If all two additional samples do not pass DNA QC, the Order will be canceled, and the Customer will receive a full refund of the paid test fees.
6. Regardless of the type of testing service, if the Customer does not send the requested sample and voluntarily requests to discontinue the testing, a refund will be issued, deducting 20% of the testing fee if payment was made in advance. For post-payment cases, 20% of the pre-agreed amount will be charged as a cancellation fee.

Article 10 (Amount)

Under these Terms of Serivice, the Customer shall pay the cost of the test service as specified at the time of ordering. If there is a separate agreement between the Customer and 3billion regarding the cost, the test fees outlined in the individual contract shall be paid.

Article 11 (Payment Methods)

The payment may be made by one of the following methods:

1. Account transfer through phone banking, internet banking, or mail banking
2. Payment via prepaid cards, debit cards, credit cards, or other types of card payments
3. Online bank transfer
4. Payment via electronic currency
5. Other electronic payment methods

Article 12 (Cancellation of Order)

1. A Customer who has purchased services through the Portal Site may cancel the Order within 7 days from the receipt of written confirmation of the contract in accordance with Article 13, Section 2 of the Act on Consumer Protection in Electronic Commerce. However, if there are specific provisions regarding the cancellation of orders in the Act on Consumer Protection in Electronic Commerce, those provisions shall apply.
2. The provision of the service shall be deemed to have commenced from the time the sample is received, and once the service has commenced, the Customer may not cancel the Order or withdraw the offer as per Section 1 against the will of 3billion.

Article 13 (Effects of Cancellation)

1. In case of cancellation under Article 12, Section 1, 3billion shall refund the payment received for goods or services within 10 business days. If 3billion delays the refund, a delay interest shall be paid, calculated by multiplying the delay period by an annual interest rate of 10%.
2. When refunding the amount, if the Customer paid for the goods or services using a credit card or electronic currency, 3billion shall immediately request the relevant payment provider to stop or cancel the billing for the goods or services.
3. In the case of a cancellation, the Customer shall bear the cost of returning the goods or services received.

Article 14 (Refund)

1. In each of the following case, 3billion will notify the Customer of specific reasons preventing the provision of the test service. If the payment has been received in advance, 3billion will refund the payment or take necessary measures within 3 business days from the receipt of the payment in the following cases of: a. The Customer fails to provide the necessary materials, such as patient samples, after purchasing the test service; or b. The sample or contents submitted by the Customer when ordering the test service are unsuitable for providing genetic diagnostic testing services; or c. The Customer placed an Order but the sample is not received; or d. After the initial sample was received, a second sample was requested due to issues such as QC failures, and the test still cannot proceed; or e. Despite the ability to send two samples, the customer requests cancellation after the first sample was received (in this case, a refund will be processed excluding 20% of the payment amount); or f. If the sample passes QC but the subsequent process fails.
2. Notwithstanding the preceding paragraph, refunds will not be provided in the following cases: a. Regardless of the type of test service, if the required sample has been received by 3billion and the test has commenced, and the Customer, the patient or the patient’s legal representative requests to halt the test after the sample required for testing arrives at 3billion and the test has started; or b. The test is continued at the Customer's request despite the QC failure. (As a general rule, if any QC process fails during the inspection, the inspection will not proceed.

Article 15 (Storage of Samples and Analytical Results)

1. 3billion will store the requested samples and related data as follows, in accordance with internal policies. This is to comply with the Bioethics and Safety Act, Articles 52 and 53, and the Enforcement Rules of the Bioethics and Safety Act, Article 53, as well as to fulfill general storage protocols and the usual duty of care accepted in the industry. a. Samples: Up to 6 months after receipt b. Original sequencing data: Minimum of 10 years c. Results and patient consent forms: Minimum of 10 years
2. 3billion will discard samples that have reached the storage period specified in Section 1 of Article 15 without prior notice.
3. If additional actions or an extended storage period are required regarding the storage mentioned in the previous section, the Customer must inform 3billion in advance. If there are additional costs for these actions, 3billion will inform the Customer of the related costs and conditions.
4. In accordance with Article 4, Section 4 Personal Information Protection Act, if the Customer or the test subject requests the disposal of original sequencing data, 3billion will diligently carry out the disposal as per the request. However, the Customer or the test subjectmust complete and submit the data disposal request form provided by 3billion, and 3billion will proceed with the disposal after confirming the request.

Article 16 (Protection of Information)

1. 3billion complies with the Personal Information Protection Act, Bioethics and Safety Act, and other relevant laws of the Republic of Korea regarding data analysis and storage. This provision applies equally to both domestic and foreign individuals residing in the Republic of Korea.
2. 3billion will comply with the relevant laws of the country outside of the Republic of Korea if the laws of that country apply to the analysis and storage of the data ordered. However, this is only applicable when the Customer separately provides information to 3billion or requests compliance with the specific laws of that country.
3. 3billion has established a personal data protection policy and adheres to it to protect personal information.

Article 17 (Confidentiality)

1. Each party shall maintain the confidentiality of any business-related information, trade secrets, technical information, and all other confidential information, including the information about the person placing the order and/or providing the sample obtained during the process of fulfilling this agreement. Such confidential information may not be used for purposes other than the performance of the order under this agreement. However, if disclosure is required by law or legal procedure, this shall be an exception, and in such cases, the party shall notify the other party without delay.
2. Each party has an obligation not to disclose, leak, or reveal the confidential information to any third party, either directly or indirectly, publicly or privately, without the explicit written consent of the other party. Each party must implement security measures to prevent unauthorized disclosure of confidential information. For confidential information involving patient data, no disclosure or release is permitted without explicit written consent from the patient, regardless of the agreement between the parties.
3. Except for the minimum necessary employees who need to know to fulfill the order under this agreement, no party shall disclose the confidential information to any third party.
4. The obligations in Article 17, Sections 1 to 3 of this article shall not apply to the following information:
   a. Information already possessed without any obligation of confidentiality.
   b. Information lawfully obtained from a third party without any obligation of confidentiality.
   c. Information independently developed without reliance on information provided by the other party.
   d. Information that has been disclosed publicly, regardless of whether it was before or after receipt, without violating this agreement.
5. The confidentiality obligations under this article remain in effect for 2 years after the termination, expiration, or cancellation of this agreement.

Article 18 (Ownership of Copyright and Restrictions on Use)

The copyright and other intellectual property rights for works created by 3billion belong to 3billion.

The Customer, by using the test services via the Portal Site, shall not reproduce, transmit, publish, distribute, broadcast, or use the information obtained from 3billion, to which 3billion holds intellectual property rights, for commercial purposes, nor allow any third party to use it, without prior consent from 3billion.

Article 19 (Termination Service)

1. Either the Customer or 3billion may immediately terminate part or all of the Terms and Conditions if any of the following occurs: a. A petition for rehabilitation or bankruptcy is filed, or such procedures are initiated at the request of creditors. b. A violation of the confidentiality obligations outlined in Article 17 of this agreement occurs. c. A party assigns, transfers, or encumbers its rights and obligations without the other party's consent, or establishes a subcontract. d. The party faces an attachment, provisional seizure, or compulsory enforcement from a third party, making it difficult to fulfill the obligations under this agreement. e. Significant changes in financial or business conditions, or other force majeure events, occur, making it impossible to fulfill the obligations under this agreement.
2. Either the Customer or 3billion may terminate part or all these Terms and Conditions by giving written notice specifying a period of at least 10 business days for the other party to perform, and if the other party fails to perform within this period, the agreement may be terminated: a. A willful or grossly negligent breach of these Terms, or injuring the reputation or causing damage to the property of the other party or a third party. b. Unjustifiably suspending the performance of obligations under these Terms or obstructing the fulfillment of Order details. c. Failure to cooperate or fulfill duties necessary for achieving the purpose of these Terms during its validity period, or the occurrence of objective circumstances that make such cooperation difficult or unlikely.
3. In the event of termination of the contract under this article, the party at fault for the termination shall compensate the other party for any damages resulting from the termination. Unless otherwise agreed by the parties, the termination of the contract does not exempt the responsible party from the obligation to compensate for damages.

Article 20 (Compensation for Damages)

1. If either 3billion or the Customer violates these Terms and Conditions and causes damage to the other party, the affected party may claim compensation for damages. However, in such case, the scope of 3billion’s liability for damages not exceed the total amount of payment received for the individual Order.
2. In cases of natural disasters, war, riots, terrorism, or other force majeure events beyond reasonable control, 3billion shall not be liable for compensation for damages to the other party due to the inability to perform obligations under these Terms and Conditions.

Article 21 (Interpretation and Dispute Resolution)

1. In the case of matters not specified in this agreement or any disagreement regarding the interpretation of this agreement, both parties shall make efforts to resolve the issue amicably through mutual agreement or customary practices.
2. Notwithstanding article 21 section 1, if a dispute cannot be resolved, the dispute related to the Order shall be resolved through a regular civil trial or arbitration by the Korea Commercial Arbitration Board. However, if a civil lawsuit is filed, the Seoul Central District Court shall have exclusive jurisdiction.

Article 22 (Provision of Analysis Results)

1. Upon written request from the patient or the Ordering physician with the Patient's consent, either provided as a written request from the Patient or confirmed by the Ordering Physician, 3billion may share the raw data from the performed analysis of the 3B-EXOME or 3B-GENOME test, in whole or in part, with the patient, a designated individual by the patient or the Ordering Physician for a reasonable fee.
2. The types of raw sequencing data that 3billion can provide are as follows:
   a. FASTQ files
   b. VCF files
   c. BAM files
   d. Variant annotation files
3. If the Customer requires the original sequencing data, they may request it from 3billion by the end of the following year from the Completion Date of the test, regardless of 3billion's data retention policy. Requests after this period will not be accepted. For detailed information on additional costs, please refer to the product policy. However, upon request from the patient or their legal representative, the Customer may request the original sequencing data within 10 years from the Competion Date.

Article 23: Jurisdiction

The Website and the Service are hosted and operated from the Republic of Korea ("Korea") and are subject to applicable Korean laws, rules, and regulations. By using the Website and/or the Service from regions outside Korea, you hereby acknowledge and agree that: (a) your personal information will be transferred from your regions to Korea for genetic analysis, storage, and processing as required by 3billion and its contracts to perform the Service; and (b) the use of the Website and/or the Service, as well as the provision of your information, shall be governed by the laws and regulations of the Republic of Korea, which may differ from the laws and regulations applicable in your country of residence.

Article 24 (Notifications and Announcements)

1. Announcement Date: February 12, 2025 / Effective Date: February 19, 2025
2. This policy may be subject to change in accordance with relevant laws, regulations, guidelines, and internal operational policies. If any changes occur, 3billion will disclose the modifications in accordance with the methods prescribed by applicable laws.
3. The service policy was established on January 1, 2023, and in the event of additions, deletions, or modifications due to changes in government or company policies or security technologies, 3billion will notify users at least 7 days prior to the revision via the 3billion website. This policy will take effect on the effective date.