Last revision: August 2, 2021

*Please read the following terms and conditions carefully.

IF THIS IS AN EMERGENCY, DO NOT USE THIS SERVICE – SEEK IMMEDIATE MEDICAL ATTENTION BY DIALING 9-1-1

1.1. These terms and conditions of use (the "Terms") constitute a contract between you, namely: the individual who has created an account on the tontest.ca website (the "Site") operated by Groupe MédiTest inc. ("MédiTest") or who uses a Site account on behalf of another individual and who is referred to in these Terms as the "User", or a "Client", or by the use of terms such as "you" and "your") and MédiTest, relating to the Site and the Service (as defined below). By using the Site or subscribing to the Service, you acknowledge that you have read and understood the Terms. In addition, you agree to be bound by these Terms. If you do not have the required authority or disagree with any of the Terms, do not use the Site or the Service.

1.2. These Terms may be amended at MédiTest's discretion. All amendments to the Terms will take effect on the date of their online publication. Reasonable notice will be sent to any User who already has an account with MédiTest to inform them of any changes to the Terms; however, it is your responsibility to review the Terms from time to time.

1.3 Please note that the use of the masculine gender in the Terms is for simplification purposes only.

2.1. The service consists of an online medical consultation system with a qualified doctor or nurse, via the Site, for the User to obtain a medical prescription for a screening test for sexually transmitted and blood-borne infections (an "STI") (the "Service"). Any new functionality added to the Service or complementing it will be subject to these Conditions.

2.2. The general information provided on the Site does not constitute or replace professional medical advice, diagnosis, treatment, or care. You can at any time obtain the advice of your doctor or any other qualified healthcare professional, duly authorized to practice medicine or general healthcare under the applicable laws in Canada to answer your questions regarding the information available on the Site and any medical problem which, in your opinion, could affect you or a third party. You should never ignore the advice of a doctor or any other qualified healthcare professional, nor ignore or disregard doubts about your health status due to information available on the Site. The information available on the Site is not exhaustive and does not cover all diseases, pains, physical disorders, and treatments.

2.3. If you have symptoms similar to those of an STI, MédiTest strongly recommends that you consult your doctor and not request the Service. The Service is for any User who is asymptomatic. Please note that a MédiTest professional, acting in accordance with the good practices of their profession, their ethical obligations, and the law, may refuse to grant a prescription within the framework of the Service under certain applicable circumstances.

3.1. To use and access the Service, you must be at least fourteen (14) years old. If you are under fourteen (14) years old or have not been able to demonstrate sufficient physical, mental, or emotional development, a parent or person with parental authority over you must access and use the Service on your behalf. The Site (including the Service) and its content are intended for residents of Canada only.

3.2. As part of using the Service, you are responsible for providing clear information and photos, where applicable, with sufficiently high resolution to allow the doctor to analyze the transmitted information. Although photos of genitals are allowed, any photo of genitals submitted that violates the Criminal Code R.S.C 1985 due to their obscene nature or when it is determined to be child sexual exploitation, will be immediately reported to the www.cyberaide.ca program of the Royal Canadian Mounted Police in accordance with federal law.

3.3. You must create an account and complete all required questionnaires to receive any Service. You can create an account and complete questionnaires on behalf of another person for whom you are the legal guardian or for whom you have the authority to act on their behalf with respect to healthcare decision-making. You can upload proof of legal guardianship. By using the Services, you agree to:

3.3.1. the terms of the consent form for the use of electronic communication means;

3.3.2. provide true, accurate, up-to-date, and complete information when creating your account and in any health questionnaire to be completed; and 3.3.3. maintain and promptly update your information to ensure it is true, accurate, up-to-date, and complete.

The questionnaires relating to your health status to be completed to access the Service may contain questions relating in particular to your gender, your general health status, your sexual orientation, your sexual preferences and practices. The information requested is limited exclusively to that which is necessary or relevant to enable MédiTest professionals to render the Service and should under no circumstances be considered as exclusive or discriminatory.

3.4. Subject to your acceptance hereof, MédiTest authorizes you to use the Site for personal purposes, in accordance with the Terms; it is prohibited to use the Site for illegal purposes. It is strictly forbidden to use the Site or the Service for medical emergencies. In case of emergency, you must contact a doctor, an authorized healthcare professional or dial 9-1-1 immediately. You should never attempt to care for yourself based on information available on the Site.

3.5. The general information available on the Site does not create a doctor-patient relationship between you and MédiTest and is not intended to encourage anyone to become a patient of MédiTest's doctors.

3.6. Once you are a MédiTest client, the Site gives you access to a patient portal, which is a secure way to communicate in writing with your doctor via your account. Any electronic communications other than those made via the patient portal may not be protected and a third party could have access to these communications. Any collection, use or disclosure of your personal information by MédiTest will be completed in accordance with the Privacy and Personal Information Protection Policy, which is an integral part of the Terms and can be consulted by clicking on the following hyperlink: Privacy and Personal Information Protection Policy

3.7. Any photo transmitted for the purposes of the Service will be used to diagnose and document your file, but may also be used for machine learning or artificial intelligence. All photos used for machine learning or artificial intelligence, where applicable, are anonymized, meaning that your personal identity will no longer be associated with the photos. Additional security protocols are also in place to ensure that non-medical internal staff do not have access to your photos before anonymization. You can withdraw your consent for your photos to be used for machine learning or artificial intelligence purposes at any time by sending an email to info@tontest.ca or by checking this box after creating your account.

3.8. You are solely responsible for maintaining the confidentiality of your username and password. You must not disclose them to anyone. You are also solely responsible for the type and content of all information, texts, messages and other content that you share via the Service.

3.9. You agree to immediately inform MédiTest after becoming aware of any unauthorized use of the Site or the Service or any security breach of which you are aware. At MédiTest's request, where applicable, you agree to cooperate in order to stop, prevent and resolve security problems or unauthorized use of the Site, including the Service.

3.10. MédiTest reserves the right to access your account to respond to technical support requests. MédiTest is committed to maintaining appropriate administrative, physical and technical safeguards to protect the security, confidentiality, accessibility and integrity of its databases and communications

with third parties. MédiTest will not disclose your data unless required by law or if you expressly consent to such disclosure in writing.

3.11. Except for the Service, MédiTest will not use the Site to communicate with the public: i) regarding medical questions or aspects; ii) to establish doctor-patient relationships, iii) to make or cancel an appointment, or iv) for inquiries regarding fees, Services or similar topics. Email communications via the Site regarding these topics will remain unanswered and will be deleted without sending any form of response. If a person is not a client or User and wishes to contact MédiTest or its doctors about medical problems or appointments, they must contact MédiTest by email at the following address: <strong>info@tontest.ca</strong>.

3.12. You agree that it is strictly forbidden: (i) to grant licenses or sublicenses, sell, resell, rent, lend, transfer, assign or exploit the Site or commercially exploit it by any means whatsoever or make it available to a third party -party in any other way than those expressly authorized by these Terms, (ii) to use the Site for data processing purposes on behalf of a third party (unless you are acting as a parent or holder of parental authority for another person), (iii) to use the Site in an illegal manner or in any other manner likely to disrupt or alter the integrity or effectiveness of the Site.

3.13. You acknowledge that it is strictly forbidden to change, alter, adapt, hack or obtain unauthorized access to the private sections and tabs of the Site and to the systems or networks used by MédiTest. In addition, you will not act in a manner that would be likely to disrupt or alter the operation of the Site, including the Service, or any networks and servers related to the Site.

3.14. You may not display, publish, reproduce, transmit or distribute information or material on the Site that (i) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability, (ii) is protected by copyright, trademark or any other intellectual property right of any third party without having obtained their prior express authorization, (iii) is contrary to law or would have a negative impact on the use of the Site by other clients, including the publication or transmission of viruses or other disruptive elements.

3.15. If MédiTest fails to apply or insist on the application of any of the Terms, this shall in no way be construed as a waiver by MédiTest of any of its rights hereunder. MédiTest reserves the right to suspend or terminate your access to the Site or parts of the Site if MédiTest has reasonable grounds to believe that your information is false, incorrect, outdated or incomplete.

4.1. The Service is provided for a sum of money. Your payment to MédiTest for the Service can be made via the Site by credit card, through the Stripe payment platform. You hereby accept the payment terms of the

Stripe online payment platform provider, which can be consulted by clicking on the following hyperlink: <a href="https://stripe.com/en-ca/privacy">https://stripe.com/en-ca/privacy.</a> MédiTest does not retain any of your banking data.

4.2. All prices are indicated in Canadian dollars and do not include applicable taxes. Applicable taxes will be automatically added, if applicable, during payment.

5.1. MédiTest will refund the amount paid for your consultation only if a request is sent to info@tontest.ca before MédiTest responds to your Service request;

5.2. If MédiTest has responded to your Service request, it will be impossible to receive a refund. Please check your email inbox to be informed when a response has been sent to your patient portal. Please also check any filters or spam folders to ensure that MédiTest communications are not directed to your junk mail.

5.3. Refunds will only be made via the same payment method initially used to make the payment; no refunds will be made by check or other means. Refunds may take between 5 and 10 business days to appear on your account due to, among other things, payment platform processing times.

Cookies may be used to protect access to your account. These cookies maintain session integrity and ensure increased security, preventing unauthorized access to your account.

6.1. You can stop using the Service at any time and you can request the deletion of your account by sending a written request to the following address: info@tontest.ca. You must not use any procedure other than that mentioned above to delete

your account. When you request the deletion of your account, you may continue to have access to the information located in your patient portal.

6.2. Upon receipt of your request, MédiTest will provide you with a copy of your file, whether as part of your deletion request or if access to your account has been closed. MédiTest declares to act in accordance with applicable laws regarding the retention of all personal information in a medical file and personal data.

6.3. MédiTest reserves the right to: i) modify or interrupt the Site, including the Service (in whole or in part), temporarily or permanently, ii) prohibit the current or future use of the Site or prohibit access to a User's account (in whole or in part), particularly in the event that MédiTest considers, at its sole discretion, that you have violated the Terms and (iii) delete or remove archived content from a User's account for any reason, in accordance with applicable laws.

6.4. MédiTest will make all commercially reasonable efforts to contact you directly before interrupting the Service or prohibiting access to your account, but cannot

guarantee that it will succeed in a timely manner. Any illegal use of the Site, such as a copyright infringement or use deemed inappropriate and a violation of the Terms according to MédiTest, at its sole discretion, will result in the immediate deletion of your account.

6.5. MédiTest disclaims all liability to you or a third party if the Site (including the Service) is modified, interrupted or terminated.

7.1. All rights, title and interest in and to the Site (including the Service), its components, functions, software, code, text, display, graphics, photos, video, audio, design, presentation, selection and arrangement, as well as all intellectual property rights associated therewith, are and shall remain the exclusive property of MédiTest and/or its licensors and/or service providers, subject only to the limited right of access and use expressly granted to you under these Terms.

7.2. The brand "tontest.ca TM", the logos used or illustrated on the Site, the designs, images and slogans are intellectual property elements that belong exclusively to MédiTest, subject to any mention to the contrary.

7.3. The content of the Site is protected by the Copyright Act and the Trademarks Act in Canada, and is the property of MédiTest, third-party owners who have agreed to a license in favor of MédiTest, or an accredited party as a content provider, as the case may be. Except as granted in the limited license herein, any use of the content, including modification, transmission, presentation, distribution, republication or any other use of the Site or its content, in whole or in part, is prohibited without the prior written consent of MédiTest.

7.4. Subject to the Terms, a limited, non-transferable and non-exclusive license is granted to you to access the Site and use its content for personal and non-commercial purposes. You may download, store and/or print a copy of the content for your personal use, as long as all copyright and other proprietary notices are retained. You are not authorized to copy or redistribute online articles from the Site, reproduce, compile for an internal database, distribute, modify, create derivative works, publicly display, store or transmit any content from the Site. In case of conflict between the terms of a license governing specific content and the Terms, the terms of that specific license prevail.

8.1. The Site may contain hyperlinks to third-party websites. These links are for convenience purposes only and do not imply endorsement by MédiTest. MédiTest does not operate third-party websites, is not responsible for the content of such websites and makes no representations or warranties, nor any commitments of any kind whatsoever regarding third-party websites, including, without limiting the generality of the foregoing: i) any commitment regarding the legality, accuracy, reliability, completeness, timeliness or relevance of the content of third-party websites, ii) any commitment regarding the quality and/or suitability for a particular purpose of the websites or the material, content, software, products or services offered on third-party websites or available through such websites, and iii) any commitment indicating that the operation of such websites will be uninterrupted and error-free, that defects or errors will be corrected or if such websites will be free of viruses or other harmful elements.

8.2. MédiTest is not linked to any third-party website that contains, displays or transmits illegal or indecent information of any kind, including, without limiting the generality of the foregoing: i) any content that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate laws or regulations that could damage or harm MédiTest's business, operations, credibility and integrity, or ii) any website displaying, publishing or transmitting material or information of any kind that violates the rights of others, including material that infringes the privacy or publicity rights of others, or protected by copyright, trademarks or other exclusive rights. MédiTest reserves the right to prohibit or refuse to accept, at any time, any link to the site, including links that contain information or content of the nature described above or that allow access to such content or information. The user who inserts a hyperlink to the Site on a third-party website in violation of the Terms must remove such hyperlink without delay, after notification by MédiTest. MédiTest reserves the right to claim damages or initiate any legal and injunctive proceedings.

9.1. Although MédiTest strives to provide accurate, precise and up-to-date information, no statement or warranty is given and no commitment, express or implied, regarding the Site and its content, is made to the user regarding the fact that: i) the content of the Site, or websites accessible through it, or any other item available on or through the Site, is from a reliable source and will be suitable for any particular purpose, ii) the Site or its content will be accurate, complete, up-to-date, reliable, timely or suitable for any particular purpose, iii) the operation of the Site will be continuous or error-free, iv) defects or errors in the Site or its content, whether attributable to human or computer error, will be corrected, v) the Site will be free of viruses or harmful elements, and vi) communications to or from the Site will be inaccessible to third parties and/or will not be intercepted.

9.2. Although MédiTest staff and doctors strive to read and respond promptly to electronic communications, no guarantee is given as to any response time.

9.3. The user acknowledges and agrees that their access to the Site and its content and their use thereof is entirely at their own risk.

10.1. MÉDITEST, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, DOCTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL NEVER BE HELD LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE RESULTING IN MATERIAL DAMAGE, BODILY INJURY, MEDICAL INJURY, INACCURATE INFORMATION, INAPPROPRIÉ TREATMENT OR ANY OTHER DAMAGE SUFFERED AS A RESULT OF YOUR USE OF THE SITE, YOUR ACTIONS, ANY OMISSION OR YOUR CONDUITE LORS DE L'UTILISATION DU SITE, YOUR VIOLATION DES MODALITÉS LORS DE L'UTILISATION DU SITE, AU CONTENU DU SITE OU YOUR RELIANCE THEREON, REGARDLESS OF THE CAUSE OF SUCH DAMAGE. MÉDITEST SHALL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES OF PERFORMANCE RESULTING FROM CAUSES BEYOND ITS CONTROL.

10.2. Applicable law may not allow the exclusion of certain warranties or certain limitations of liability, depending on the circumstances. In these specific situations, MédiTest limits the scope of its liability to the fullest extent permitted by applicable law.

11.1. The User agrees to indemnify, defend and hold harmless MédiTest and its doctors, officers, directors, employees, agents, licensors and their respective successors and assigns from and against any claim, demand or expense of any kind whatsoever, including, but not limited to, legal fees and disbursements resulting directly or indirectly from a breach by the User of the Conditions, the User's access to the Site, its use, the reliance placed by a User on any information contained in the Site, the User's inability to access the Site or its content, including any website linked thereto or that may be linked thereto from time to time.

12.1. In no event shall MédiTest be held liable for any default or delay in the performance of the Service caused by war, act of hostility or cyber sabotage, natural disaster, failure of an electrical network, Internet network or telecommunication system, public health or governmental authority imposed limitations, or any other event beyond its control. MédiTest undertakes to make all reasonable efforts to mitigate the effects of such events.

13.1. MédiTest reserves the right to assign or transfer the Terms, in whole or in part, without limitation in connection with a sale of substantially all or all of its assets, or in connection with a merger or acquisition to a third party without restriction, or obligation to obtain any prior consent. MédiTest may assign its rights or obligations, in whole or in part, to subcontractors, at any time, without limitation or obligation to obtain any consent.

13.2 MédiTest will ensure that any assignment of rights or obligations to subcontractors or suppliers is carried out in a secure and confidential manner, the latter being required to maintain appropriate levels of security standards and data confidentiality as undertaken by MédiTest.

14.1. The Terms and the relationship between you and MédiTest will be governed by and interpreted in accordance with the laws of the province of Quebec (Canada) without regard to principles of conflict of laws. You expressly agree to be subject to the jurisdiction of the courts of the province of Quebec (judicial district of Quebec) for the purpose of resolving disputes relating to the Terms. Notwithstanding the foregoing, you agree that MédiTest is authorized to initiate injunction proceedings (or any other equivalent emergency measure) before any competent authority.

14.2. If a court with full jurisdiction to hear the case finds that any provision herein is not valid, that provision will be removed from the Terms without any other provision being modified. All other provisions herein will continue to have full effect.

15.1. The following email address is dedicated to support and technical assistance: <strong> info@tontest.ca.</strong>

15.1. The Terms and any document incorporated herein by reference constitute the entire agreement between the User and MédiTest. In case of discrepancy between the English and French versions of the Terms, the French version shall prevail.