PUBLIC OFFER
Preamble
CheckEye OÜ (Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551, Estonia), hereinafter referred to as the “Provider,” hereby publishes this Public Offer for the provision of services (hereinafter – the “Offer”), addressed to an unlimited number of individuals (hereinafter – the “Client”). This Offer establishes the terms under which the Provider shall deliver the service described below to the Client.
By accepting this Offer, the Client confirms their full and unconditional agreement to all of its provisions, as a result of which a binding services agreement (hereinafter – the “Agreement”) is deemed concluded between the Provider and the Client on the terms of this Offer.
This Offer is intended for international use but is governed exclusively by the laws of the Republic of Estonia.
- Subject of the Offer
The Provider undertakes to deliver to the Client a service in the form of screening for diabetic retinopathy or another condition as determined by the Provider, using artificial intelligence technology (hereinafter – the “Service”).
The Service does not constitute a medical consultation and does not provide a medical diagnosis.
The screening is performed at a physical screening point designated by the Provider. Information about the location and schedule of the screening is communicated to the Client by the Provider (for example, via publication on the official website or through direct notification).
The Service is provided to the Client free of charge unless otherwise explicitly agreed between the parties.
- Procedure for Service Delivery and Client Obligations
To receive the Service, the Client must follow the Provider’s instructions regarding pre-registration and attend the screening at the place and time designated by the Provider. The Client is responsible for timely arrival at the screening site and for following all instructions given by the Provider’s staff during the procedure.
The Client shall provide all necessary information and cooperation required for conducting the screening (including, if necessary, consent to retinal imaging or the provision of other data required for the AI system).
The Client understands and agrees that the screening results are preliminary and provided for informational purposes only. Regardless of the results, the Client is advised to consult a qualified healthcare professional for medical advice, further examination, and official diagnosis.
The Client agrees not to base healthcare-related decisions solely on the Service results and acknowledges that the Service does not replace a full medical examination performed by a licensed physician.
- Rights and Obligations of the Provider
The Provider shall deliver the Service properly and in accordance with this Offer, using artificial intelligence to analyze the necessary data (e.g., retinal images).
The Provider may refuse or terminate the Service for a specific Client if the Client violates the terms of this Offer, fails to follow the Provider’s instructions, or if, in the Provider’s opinion, the Client’s conduct or condition makes the screening impossible or unsafe.
The Provider shall provide the Client with the screening results or a brief conclusion thereof upon completion of the procedure. The Provider does not guarantee any particular outcome or absolute accuracy of the results.
The Provider undertakes to ensure the confidentiality of the Client’s personal data and screening results in accordance with Section 5 of this Offer.
- Service Disclaimer
The Client acknowledges that the Service is not a medical consultation and is not intended to establish any medical diagnosis. The Provider is neither a medical institution nor a licensed physician, and the Service does not imply mandatory verification of results by medical personnel.
Any data, findings, or recommendations generated by the AI system within the Service are preliminary and informational and must not be regarded by the Client as final medical advice or diagnosis.
The Client remains solely responsible for seeking timely medical consultation from a qualified doctor regarding any health concerns, symptoms, or interpretation of screening results. The Provider strongly recommends that the Client consult an ophthalmologist or another relevant specialist for a full medical examination, particularly if screening results indicate potential abnormalities.
- Personal Data Processing and Confidentiality
By accepting this Offer and using the Service, the Client provides explicit consent for the processing of their personal data (including health-related data, such as retinal images and screening results) by the Provider for the purpose of delivering the Service.
Personal data processing is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and the applicable Estonian Personal Data Protection Act. The Provider collects and processes only the minimum data necessary (e.g., name, contact details, health-related information required for screening) solely to provide the Service and deliver results to the Client.
The Provider applies appropriate technical and organizational measures to ensure confidentiality and security of personal data. The Provider does not disclose the Client’s personal data to third parties, except as required by law or with the Client’s explicit additional consent.
The Client may withdraw their consent to personal data processing at any time by notifying the Provider in writing. The Client understands that withdrawal of consent may result in the inability to continue providing the Service or retaining prior screening results.
Personal data are processed and stored only for the period necessary to fulfill the purposes of this Offer and within the retention terms established by law.
The Provider guarantees the Client’s rights as a data subject under GDPR and Estonian law, including the right to access, correct, delete, and exercise other statutory rights.
- Limitation of Liability
To the maximum extent permitted by applicable law, the Provider shall not be liable for any direct or indirect damages, loss of profit, or other consequential losses arising from the Client’s use of the Service or screening results.
The Client acknowledges that reliance on the results is at their own risk. The Provider is not responsible for any decisions or actions taken by the Client based on the results.
The Provider makes no representation or warranty that the Service will detect all cases of diabetic retinopathy or other conditions, or that the Service is error-free or fully meets the Client’s expectations.
The Service is provided “as is” and “as available,” without any express or implied warranties of accuracy or fitness for a particular purpose.
Nothing in this Offer limits or excludes liability where such limitation or exclusion is not permitted by law.
- Acceptance of the Offer and Term of Validity
This Offer takes effect upon its publication on the Provider’s official resources (e.g., the official website) and remains in force until revoked by the Provider.
The Provider reserves the right to amend the terms of this Offer or withdraw it at any time by publishing an updated version or withdrawal notice on the same resources. Such changes have no retroactive effect and do not affect Services already provided or Agreements already concluded.
The Client accepts this Offer and enters into a binding Agreement with the Provider by performing any of the following actions:
- Signing any document or electronic form provided by the Provider that references this Offer and expresses the Client’s consent to its terms;
- Attending the designated screening location and undergoing the screening procedure;
- Expressing explicit consent to the Service under this Offer in another form (e.g., clicking “Agree” in a web form, if available).
The Agreement is deemed concluded on the date when the Client first receives the Service (screening) or otherwise consents to the terms of the Offer.
The Agreement formed by acceptance of this Offer is a one-time services agreement and is deemed performed upon delivery of screening results to the Client.
However, provisions of this Offer that are intended by their nature to remain in effect after Service provision (including Sections 5 on Data Processing, 6 on Limitation of Liability, and 8 on Governing Law) shall continue to apply.
- Governing Law and Dispute Resolution
This Offer and any relations arising from its acceptance are governed exclusively by the laws of the Republic of Estonia.
Matters not expressly regulated by this Offer shall be resolved under Estonian substantive law.
The parties shall seek to resolve disputes and disagreements through negotiations. If unresolved, disputes shall be submitted to the competent courts of the Republic of Estonia under the applicable jurisdiction rules.
This Offer applies to Clients regardless of their country of residence; however, the Client agrees that all relations with the Provider are governed solely by Estonian law.
- Miscellaneous
If any provision of this Offer is held invalid, unlawful, or unenforceable by a competent court, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain valid.
Failure or delay by either party to exercise any right, or waiver of enforcement in case of breach, shall not constitute a waiver of that provision or prevent its future enforcement.
For inquiries regarding this Offer or the Service, Clients may contact the Provider at:
CheckEye OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551, Estonia or via the email address indicated on the Provider’s official website.
This Offer becomes effective upon its publication.
15. ADDRESS AND DETAILS OF THE PROVIDER
CheckEye OÜ
Legal address: Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551, Estonia
Tel.: +38 (093) 550-21-20
Email: info@check-eye.com
Website: www.check-eye.com