Terms of Service

1.1.    These terms (the “Terms”) govern the sale of treatments related to assisted reproduction ordered by a customer (“Customer”) and provided by Cryos Clinic ApS, Reg. no. 44429594, Grønnegade 80, ground floor, 8000 Aarhus C, Denmark (“Cryos”).

1.2.    A Customer can be either 1) a private person or a couple undergoing treatment with assisted re-production (hereinafter referred to as “the Patient”) or 2) a licensed tissue centre, fertility clinic, hospital department or authorized healthcare professional who has been appointed by the Patient to take part in the Patient’s treatment with assisted reproduction or to whom a known Patient is the recipient of the treatment with assisted reproduction (hereinafter referred to as “the Author-ized Recipient”).

It is a prerequisite for the Authorized Recipient to place an order with Cryos that there already is an identified Patient, who will receive the treatment related to assisted reproduction and it is the responsibility of the Authorized Recipient to obtain and provide Cryos with a consent and/or a signed agreement from the Patient prior to treatment related to assisted reproduction, if required pursuant to applicable legislation. If required, Cryos will inform the Authorized Recipient hereof.  

1.3.    WHEN THE ORDER IS PLACED BY THE AUTHORIZED RECIPIENT, THE AUTHORIZED RECIP-IENT IS OBLIGED TO TRANSFER THE CONTENT OF THESE TERMS TO THE PATIENT, WHO IS SUBSEQUENTLY UNDERGOING TREATMENT WITH ASSISTED REPRODUCTION. IF THE TRANSFER OF THESE TERMS HAS NOT TAKEN PLACE IN SUCH CASES, THE AUTHORIZED RECIPIENT HOLDS CRYOS HARMLESS FOR ANY LIABILITY OR ADDITIONAL COSTS ARIS-ING OUT OF OR IN ANY WAY RELATING TO THESE TERMS AS PER THE TERMS OF WAIVER OF CLAIMS AND INDEMNIFICATION IN THESE TERMS.

1.4.    Cryos offers different treatments related to assisted reproduction. For more information, see Cry-os’ website: https://cryosclinic.com/en-gb. All treatments are provided by Cryos as part of the Pa-tient’s fertility treatment and involve donor gametes (hereinafter referred to as “Donor Gam-etes”) from Cryos. If a treatment related to assisted reproduction involves the creation of an em-bryo (fertilized egg), fertilization always occurs in vitro (IVF), with the intention of transfer of the embryo into a pre-identified and specified patient.

1.5.    Before placing an order, the Customer must always consult Cryos about the treatment related to assisted reproduction to receive counselling and to ensure that the right treatment has been agreed upon. Before Cryos can initiate the treatment related to assisted reproduction, the Patient must consent to the treatment and/or enter into a contract with Cryos describing the treatment.

1.6.    Donor Gametes undergo processing, analysis, preparation for fertility treatment, cryopreserva-tion, and storage by Cryos. Customers purchasing a treatment related to assisted reproduction are paying for these related services and not for the Donor Gametes themselves. Donor Gam-etes are provided as part of the assisted reproduction treatment at cost price.

1.7.    Customers may solely use Donor Gametes for the purpose of fertility treatment, meaning treat-ment required to assist people obtain and conceive a child. Customers are not allowed to use Do-nor Gametes for any other purposes, including but not limited to research purposes, genetic test-ing or any other kinds of testing or preparation not conducted by Cryos, without prior written agreement with Cryos.

1.8.    Donor Gametes include 1) donor sperm (hereinafter referred to as “Donor Sperm”) and donor oocytes (unfertilized eggs) (hereinafter referred to as “Donor Oocytes”). The donors and Donor Gametes are described below in section 6 and 7.

1.9.    Orders on treatment related to assisted reproduction including shipment of Donor Gametes or embryos are described below in section 4. If the Donor Gametes or embryos are ready for ship-ment to the Authorized Recipient, as defined in subsection 4.1.1, but Customer is not ready to re-ceive them yet, it is considered a purchase bundled with storage and referred to as a “Reserva-tion”. The Customer must pay the current storage fee.

1.10.    Customers can order storage of sperm, oocytes, or embryos (hereinafter referred to as “Stored Gametes”) at Cryos for future use in the Patient’s treatment related to assisted reproduction as described in section 8. Stored sperm and oocytes must originate from the Patient’s own body. Customers who order storage of sperm, oocytes or embryos are referred to as “Depositors”.

2.1.    Customers can place orders through Cryos’ website, by email or over the phone. By ordering the Customer confirms to be of legal age and has legal authority to instruct Cryos with regard to pur-chase of treatment related to assisted reproduction.

2.2.    When orders are placed by the Authorized Recipient, the Authorized Recipient confirms that a known patient, of legal age, has been identified to receive the treatment related to assisted re-production. The Authorized Recipient must add the full name of the Patient and the Patient’s date of birth to the order.

2.3.    An order is not binding until it is confirmed by Cryos in writing. Before confirming an order, Cryos must verify that the Patient is not deemed unfit for parenting under Section 6a of the Danish Act on Assisted Reproduction, if applicable. If the order is placed by an Authorized Recipient, the Au-thorized Recipient is responsible for conducting this assessment and must confirm compliance when placing the order. Order confirmations are sent by email to the Customer.

2.4.    Before confirming an order, Cryos must ensure that the Authorized Recipient is authorized cf. subsection 1.2. The Customer must provide Cryos with a valid copy of an authorization or the like, if requested by Cryos.

2.5.    If a couple wishes to place an order, the party receiving the treatment with assisted reproduction is considered the Patient.

2.6.    Unless agreed otherwise between the couple and Cryos the rights of disposition of Stored Gam-etes are assigned to the party depositing his/her gametes (Depositor) and the rights of disposition of Donor Gametes or Reservations are assigned to the Patient and the rights of disposition of stored embryos are assigned to the couples jointly. 

It is of no importance to the rights of disposition of an order who made the payment(s) to Cryos.

2.7.    If a couple has placed an order and the party receiving the treatment with assisted reproduction (the Patient) passes away, the surviving party will to the extent permitted by law have the rights of disposition of the order if documentation of death is provided to Cryos.

3.1.    An order placed by an Authorized Recipient cannot be cancelled. If an Authorized Recipient wish-es to renounce the treatment related to assisted reproduction due to circumstances not related to Cryos, the paid amount will not be refunded.

3.2.    Treatments related to assisted reproduction ordered by a Patient cannot be canceled or resched-uled by the Patient later than 14 days before the treatment is initiated. If canceled earlier than 14 days before the treatment is initiated, the already paid amount will be refunded. If the Patient cancels later than 14 days before the treatment is initiated, the entire paid amount will not be re-funded.

3.2.1.    The Patient can request Cryos to initiate the treatment related to assisted reproduction right away. In that situation the Patient waives the right to cancel the treatment, cf. subsection 3.2. 
 
3.3.    If the Customer wishes to postpone the treatment (excluding illness), an administration fee of DKK 4,000 will be charged.

3.4.    If the postponement of the treatment is due to the Patient's illness, Cryos will not charge an ad-ministration fee. In this case, Cryos reserves the right to require a medical certificate as a condi-tion for postponing the treatment to another date.

3.5.    Cryos reserves the right to postpone a treatment up to the planned time of the treatment or pos-sibly cancel the treatment entirely in force majeure-like situations. Force majeure-like situations can include power outages, strikes, extreme weather conditions, staff illness, or other circum-stances beyond Cryos' control that, in Cryos' opinion, prevent the planned treatment.

3.6.    The Customer cannot make claims against Cryos for the postponement or cancellation of a planned treatment if this is due to force majeure-like conditions. If the Patient arrives late for their treatment or does not comply with the instructions, consents, etc., provided by Cryos in connec-tion with the treatment, the Patient may be charged a fee of DKK 4,000.

4.1.    Appointment of an Authorized Recipient

4.1.1.    Shipment of Donor Gametes and Stored Gametes, as part of the Patient’s treatment related to assisted reproduction, must take place at the address of an Authorized Recipient, cf. subsection 1.2. regardless of whether it is the Patient or the Authorized Recipient who places the order with Cryos. If the Patient places the order, the Patient accepts that the Authorized Recipient, appoint-ed by the Patient, receives the Donor Gametes or Stored Gametes on behalf of the Patient. Cry-os is entitled to reject shipment if the Authorized Recipient cannot provide Cryos with sufficient proof, cf. subsection 2.4.

4.2.    Place of delivery and transfer of risk

4.2.1.    Delivery of gametes to be stored at Cryos on request from the Customer, takes place at the ad-dress of Cryos’ storage facility. This means that the legal risk of the Stored Gametes transfers to the Customer, when the Stored Gametes are placed at Cryos’ storage facility. Conditions applica-ble for storage and Stored Gametes are described in section 8.

4.2.2.    For embryos and orders, which include shipment of Donor Gametes as part of the Patient’s treatment related to assisted reproduction, delivery to the Customer takes place at the address of the Authorized Recipient to which the order has been shipped, cf. subsection 4.1.1. This means that the legal risk of the embryos and the Donor Gametes transfers to the Customer upon deliv-ery at the Authorized Recipient.

4.2.3.    For Reservations of Donor Gametes, delivery to the Customer takes place at the address of Cry-os for further storage. This means that the legal risk of the Donor Gametes transfers to the Cus-tomer when the Donor Gametes are placed at Cryos’ storage facility for Reservations. Conditions applicable to storage in connection with Reservations are described in subsection 7.6.

4.3.    Transportation

4.3.1.    Cryos is shipping Donor Gametes as part of the Patient’s treatment related to assisted reproduc-tion for delivery at the address of the Authorized Recipient at the shipping day agreed by Cus-tomer and Cryos. If a shipment includes Donor Oocytes from an Upon Request donor, cf. sub-section 6.4.1, a longer delivery must be expected.

4.3.2.    If the shipment date is postponed by Customer due to circumstances not related to Cryos, it is referred to as a Reservation and the Donor Gametes or embryos are stored at Cryos until the Customer requests shipment to the Authorized Recipient appointed by the Patient in accordance with subsections 4.1.1.

4.3.3.    If Customer requests shipment of Donor Gametes, embryos or a Reservation before 12.00 AM (CET) on a business day, Cryos can ship the Donor Gametes, embryos or Reservation on the same day against payment of an additional fee.

4.3.4.    Cryos is shipping Stored Gametes for delivery at the Authorized Recipient as soon as the order has been confirmed by Cryos and prepared for shipment.

4.3.5.    For shipment of embryos for delivery at the address of the Authorized Recipient, the Authorized Recipient and Cryos must agree to a delivery time aligned with the treatment plan and cycle of the Patient.

4.4.    All shipments are handled by either Cryos or a recognized courier company, which offers high-quality transport and logistics solutions.

4.5.    The transport time from the day of shipping until delivery depends on the destination. Normally 1-3 business days (calculated from the day after shipping) are expected in EU countries and 2-5 business days (calculated from the day after shipping) in the rest of the world. For some destina-tions outside the EU, customs procedures may delay delivery significantly.

4.6.    If Donor Gametes, Stored Gametes or Reservations are to be shipped outside of the European Union, Cryos will arrange the export including signing applicable papers.

4.7.    Upon delivery the Authorized Recipient must examine the shipment for non-conformity. Claims must be notified to Cryos within a reasonable period of time. Visible damage must be reported to the carrier and/or Cryos immediately. In case of non-conformity, Cryos is entitled at its sole dis-cretion to replace/reperform or refund the costs related to the gametes in question.

4.8.    If a shipment is significantly delayed and this is due to circumstances for which Cryos is responsi-ble, the Customer can cancel the treatment related to assisted reproduction. If Cryos is not re-sponsible for the delay, Customer cannot raise a claim against Cryos.

4.9.    Donor Gametes, Stored Gametes and Reservations are delivered in a dry ice container or in a nitrogen tank within a shipping box for the safe transport of biological materials. The nitrogen tank and the shipping box remain the property of Cryos. The Customer must ensure that the nitrogen tank and the shipping box is returned to Cryos within 7 days (small tank) or 12 days (large tank) from the date of delivery. Cryos is entitled to charge a fee (at present EUR 100 per commenced week) from the Customer if the tank and the shipping box are not returned timely.

4.10.    The Customer is aware that human gametes are a fragile product and thus it is emphasized that the shelf-life of the human gametes depend on the storage facility and that it may be damaged if not used immediately after thawing.

5.1.    Prices listed on Cryos’ website include VAT, if applicable. Freight and insurance are only inclusive if expressly stated. Cryos reserves the right to change prices without notice.

5.2.    Cryos does not initiate any treatment related to assisted reproduction, including but not limited to, shipment of Donor Gametes, until Customer has paid for the treatment related to assisted repro-duction.  
5.3.    Customers can pay by payment cards accepted by Cryos or bank transfer. Cryos does not charge payment before the treatment related to assisted reproduction has been initiated by Cry-os. 

6.1.    The criteria for donor selection are based on an analysis of the risks associated with the use of the Donor Gametes. The relevant risk indicators are determined on the basis of medical examina-tions, review of the medical and behavioural history of the individuals concerned, biological testing and other relevant studies.

6.2.    Information about donors

6.2.1.    Information about donors in the donor’s extended profile, including photos, is provided by the do-nor. When drafting the extended profile Cryos may edit the information such as removal of identi-fying details about the donor, combining text and proofreading. Cryos assumes that the data pro-vided is accurate but makes no warranty to that effect.

6.3.    ID Release and Non-ID Release

6.3.1.    If the donor is an ID Release Donor, Cryos will disclose the identity of the donor to clinics and au-thorities in countries where this is mandatory before or in relation to import or treatment. Cryos will only disclose the identity of an ID Release Donor to a donor conceived person at the donor conceived person’s request, but only once the donor conceived person has reached the age of 18, the donor conceived person must demonstrate, or render probable, that the donor conceived person is the result of treatment with Donor Gametes from a specific ID Release donor from Cry-os.

6.3.2.    Cryos does not disclose the identity of a Non-ID Release Donor, unless required to do so under applicable law.

6.3.3.    Regardless of whether a donor is Non-ID Release or ID Release, the Customer may not attempt to identify the donor or other information about the donor, including the identity of other recipients or offspring related to the donor. The Customer is entitled to join established forums where other recipients of treatment related to assisted reproduction and/or donor conceived persons have chosen to disclose their identity or donor, but the Customer acknowledges that it is not acceptable to search for people who have not already chosen by themselves to disclose their identity or do-nor within such forum. The Customer acknowledges that information about donors is sensitive da-ta which must be kept confidential and not disclosed to third parties, except the healthcare pro-fessional responsible for the treatment related to assisted reproduction with the Donor Gametes or as otherwise required under applicable law. In the event the Customer breaches this subsec-tion 6.3.3, Customer must indemnify Cryos and donors for damages and pain and suffering caused by such activities.

6.3.4.    An ID Release donor has accepted the possibility of being contacted by a donor conceived per-son. However, if an ID Release donor rejects or ignores a contact from a donor conceived per-son, or if an ID Release donor does not want to establish a relation with a donor conceived per-son after having had an initial contact, Cryos cannot be held liable nor responsible for that.
6.4.    Upon Request egg donor

6.4.1.    Egg donors marked as Upon Request indicates that the egg donation process will only com-mence when the Customer has chosen the donor and ordered an egg donation treatment.

6.4.2.    If Customer has chosen an Upon Request donor, Customer accepts a longer course of treatment related to assisted reproduction, including a longer delivery time, cf. section 4.3.1. The Customer is required to consult Cryos in advance.  

6.4.3.    Despite comprehensive testing and screening of all Cryos donors, Cryos cannot guarantee the quantity or quality of oocytes retrieved from an Upon Request donor. Cryos makes no warranties, express or implied, regarding the suitability of the oocytes for assisted reproduction treatment. Cryos shall not be liable for any direct, indirect, incidental, or consequential damages arising from the quantity, quality, or suitability of the retrieved oocytes. 

6.5.    Legal status of the donor

6.5.1.    The Customer acknowledges that the donor is not considered a legal parent of the child, or chil-dren conceived with Donor Gametes from the donor and is not liable in any way for any claims associated with the donation of sperm or oocytes.

7.1.    Donor Gametes are provided according to the description which appears from the donor profile and the summary of records (“SOR”) at any time. Certain parts of the content in the description are changeable by nature since it describes a human being and its biological circumstances and conditions at a certain time. Accordingly, Cryos can add changes to a donor profile and SOR over a period of time, if Cryos receives new knowledge about a donor.

7.2.    Cryos declares that when Donor Gametes, as part of a treatment related to assisted reproduc-tion, are provided according to these Terms, it is not the Donor Gametes themselves that are sold but the treatment including the related processing and work, such as selection and testing of the donor, preparation of documents and the handling, cryopreservation, storage, marketing, admin-istration, etc. of the gametes.

7.3.    Cryos cannot guarantee treatment with Donor Gametes resulting in pregnancy or pregnancy re-sulting in the birth of a healthy and viable child or children as the Donor Gametes are only one of many relevant factors in terms of a successful pregnancy.

7.4.    It is a condition to receive treatment related to assisted reproduction with Donor Gametes that the Patient commits to claim parenthood and to look after and consider the child/children, which may be the result of treatment related to assisted reproduction with Donor Gametes according to these Terms, as their own legal child/children.

7.5.    Reservations for Donor Gametes

7.5.1.    Cryos stores the Reservation, cf. subsection 1.9, for the duration of the period ordered by the Customer (the “Reservation Period”). The Reservation Period terminates automatically upon lapse or shipment from Cryos of the last Donor Gametes. Cryos will notify the Customer prior to termination. The Customer may terminate the Reservation Period early for convenience at any time.

7.5.2.    The Customer can renew the Reservation Period by contacting Cryos. To renew the Reservation Period the Customer must accept the then-current terms and pay for the additional period of storage.

7.5.3.    If Customer does not accept the then-current terms or does not pay for the additional period of storage, Cryos is entitled to discontinue the Reservation without further notice.

7.5.4.    When the Reservation Period terminates Cryos is entitled to destroy any remaining Donor Gam-etes.

7.5.5.    In the case of Donor Sperm and if the Donor Sperm has never been outside the control of Cryos, the Donor Sperm can be released on Cryos’ stock for other customers to choose from when or-dering a treatment related to assisted reproduction including Donor Sperm. Costs defrayed by the Customer related to the Donor Sperm might be refunded pursuant to:

• Termination within 14 days after the date of the reservation: 100% of the cost price.
• Termination within 14 days to 36 months after the date of the reservation: 75% of the cost price.
• Termination within 36 to 48 months after the date of the reservation: 50% of the cost price.
• Termination within 48 to 60 months after the date of the reservation: 25% of the cost price.
• Termination 60 months and following after the date of the reservation: 0% of the cost price.

7.5.6.    To the extent permitted by applicable law Cryos disclaims liability for accidental loss of or damag-es to Donor Gametes stored as Reservation as well as loss of or damages to Donor Gametes stored as Reservation caused by Cryos’ simple negligence.

8.1.    Customers can order storage at Cryos of Stored Gametes as defined in subsection 1.10.

8.2.    Conditions 

8.2.1.    Depositors of sperm and oocytes must provide negative test results for HIV and Hepatitis and documentation showing that these tests have been performed by an authorized operator within three (3) months prior to the creation of the storage at Cryos. Alternatively, Cryos can perform these mandatory tests against submission of a blood sample from the Depositor and payment of a separate fee. Such tests are performed by external authorized laboratories on behalf of Cryos. There may be a small residual risk of Depositors having an infectious disease despite the testing, and Cryos cannot guarantee for the accuracy of such tests. Depositors of embryos must provide negative test results for HIV and Hepatitis and documentation showing that these tests have been performed by an authorized operator.

8.2.2.    Customers expressly acknowledge that irrespective of Cryos’ examination and testing for an ex-tensive number of conditions and diseases in both the Depositor and the Stored Gametes a risk remains of transmitting an infectious or hereditary disease, disorder, or birth defect by treatment with the Stored Gametes.

8.2.3.    To the extent permitted by applicable law Cryos disclaims liability for accidental loss of or damag-es to Stored Gametes as well as loss of or damages to Stored Gametes caused by Cryos’ simple negligence.

8.2.4.    If a Depositor orders storage at Cryos of Stored Gametes to be transferred from another tissue centre, the Depositor is responsible for arranging the transport of the Stored Gametes to Cryos.

8.3.    Storage Period 

8.4.    Customer must indicate the expected period of storage of the Stored Gametes at Cryos (“Stor-age Period”). There is no time limit for storage of sperm according to Danish legislation. Oocytes and embryos can be stored for as long as the Depositor according to applicable law is allowed to receive treatment with assisted reproduction. The Storage Period terminates automatically upon lapse or dispatch from Cryos respectively destruction of the last unit of Stored Gametes. Cryos will notify the Depositor prior to termination.

8.4.1.    The Depositor is entitled to terminate the Storage Period early for convenience with a minimum notice of one month to the end of a calendar month.

8.4.2.    The Depositor is entitled to renew the Storage Period by contacting Cryos. To renew the Storage Period, the Depositor must accept the then-current terms and pay for the additional period of storage.

8.4.3.    If Customer does not accept the then-current terms or does not pay for the additional period of storage, Cryos is entitled to discontinue the Storage without further notice. 

8.4.4.    If the Storage Period has expired, Cryos is entitled to destroy any remaining Stored Gametes 24 months after the Storage Period has expired. If special circumstances apply, e.g. the reason for the deposit, or if Cryos cannot get in touch with the Depositor, Cryos can extend the period.

8.4.5.    Subsection 8.4.4 does not apply to stored sperm or embryos where prior to destruction Cryos receives proper documentation that the Depositor has accepted that sperm from him or embryos created with sperm from him are being stored and used for the purpose of treatment related to assisted reproduction or other purposes.

8.4.6.    In the event of the Depositor's death and if no valid testamentary disposition, written consent, corresponding written documentation or completed Declaration of Right of Disposition has been submitted, Cryos is entitled to destroy any remaining Stored Gametes after Cryos becomes aware of the Depositor's death. The remaining Stored Gametes will be destroyed 24 months after the time of death, unless special circumstances apply. Special circumstances could be the reason for the deposit, whether the Depositor's estate is being processed by a Probate Court after the Depositor’s death, etc.

8.4.7.    If the Storage Period is terminated by the Depositor, Cryos is entitled to destroy any remaining Stored Gametes after Cryos has received a completed termination statement from the Depositor.

8.5.    Transport of the Storage Gametes

8.5.1.    The Depositor can order transport of Stored Gametes to the Authorized Recipient. The order must be placed by sending an email with the Delivery Statement Form attached with proof of identity (passport, driver’s license or similar).

8.5.2.    The Depositor must pay the then-current fee for each transport of Stored Gametes from the storage.

9.1.    Treatments related to assisted reproduction

9.1.1.    Cryos provides specialized services related to the processing of donated oocytes and sperm and the creation of embryos for assisted reproduction. Customers purchasing from Cryos are paying for the professional services involved in the handling, preparation, cryopreservation, and storage of donor oocytes, donor sperm and embryos, not the biological material itself.

9.1.2.    Cryos is committed to delivering products and services of the highest quality. All procedures ad-here to stringent industry standards, ensuring optimal safety, compliance, and efficiency.

9.1.3.    Regardless of the number of oocytes retrieved during the egg retrieval process, whether a treat-ment with Donor Gametes results in creation of embryos suitable for transfer, whether a treat-ment results in a successful pregnancy or not, etc., the treatment related to assisted reproduction performed by Cryos is considered completed by Cryos when the agreement entered into by and between Customer and Cryos, outlining the treatment, has been fulfilled.

9.2.    Donors and Donor Gametes

9.2.1.    Donor Gametes are processed and released for clinical use according to applicable law and one or several standards, as described on Cryos’ website. For instance, donors and Donor Gametes are selected, screened, and comply with the prevailing rules at the time of donation. Cryos dis-claims, to the fullest extent, all other warranties, express or implied, including warranties of quali-ty, merchantability, or fitness for a particular purpose.

9.2.2.    Cryos’ testing for infectious diseases and recessive gene variants in a donor are performed by external authorized laboratories. There may be a small residual risk of the donor having an infec-tious disease or being a carrier of a recessive genetic variant despite the testing, and Cryos can-not guarantee for the accuracy of such tests. Customer expressly acknowledges that irrespective of Cryos’ examination and testing for an extensive number of conditions and diseases in both the donor and the Donor Gametes a risk remains of transmitting an infectious or hereditary disease, disorder, or birth defect by treatment with the Donor Gametes. Donor Gamates might also con-tain traces of antibiotic(s) and protein(s) from the culture and/or processing media, used for pro-cessing. Despite detailed security precautions there is always a minimal risk that Donor Gametes are mixed, mislabelled, or contaminated. To the extent permitted under applicable law Cryos dis-claims any liability for risks such as those described in this subsection.

9.3.    Stored Gametes 

9.3.1.    There is a risk of damage to Stored Gametes during freezing, thawing, or distribution, which can affect their quality. Risks are involved especially in freezing and thawing oocytes, and normally not all eggs will survive this process. Damaged oocytes can lower the chances of successful fertiliza-tion at a later stage.

9.3.2.    As Depositor of sperm, it is to be expected that the concentration of sperm cells will decrease during the freezing process.

9.3.3.    Upon agreement with the Depositor of sperm, Cryos performs an analysis of each ejaculate of stored sperm in order to evaluate the quality and the fertilization abilities. Cryos will evaluate and recommend if more ejaculates should be stored. Cryos does not analyse stored oocytes or em-bryos.

9.4.    Blastocyst guarantee

9.4.1.    If Customer order an embryo creation treatment at Cryos, using both Donor Oocytes and Donor Sperm from Cryos, Cryos guarantees fertilization and the development of at least one viable blas-tocyst (day 5 embryo) before freezing. If the guarantee is activated, Cryos offers a new treatment (one fertilization using gametes from the same or similar donors) free of charge.

9.4.2.    The guarantee applies only to embryo creation treatments using both Donor Oocytes and Donor Sperm from Cryos, where Cryos controls the full process and are able to guarantee high-quality sperm. The guarantee cannot be extended to include treatments using partner sperm or donor sperm from other clinics or sperm banks.

10.1.    By using Cryos’ services for transferring of embryos (hereinafter referred to as “Transferring"), the Patient agrees to the following terms and conditions. These terms regulate responsibility, limi-tations, and the Patient's rights regarding transferring.

10.2.    Description of the Service
10.2.1.    Transferring involves the transfer of embryos in accordance with medical guidelines and legisla-tion governing fertility treatment in Denmark. Cryos follows all relevant health and safety protocols but cannot guarantee successful implantation or pregnancy.

10.3.    Medical and Legal Conditions 

10.3.1.    The Patient declares to have received sufficient information about the process, risks, and poten-tial complications associated with transferring.

10.3.2.    The Patient is responsible for informing the Cryos personnel of any medical conditions that may affect the treatment.

10.3.3.    Cryos reserves the right to refuse treatment if Cryos determines that transferring is not medically advisable.

10.4.    Disclaimer of Liability 

10.4.1.    Cryos assumes no responsibility for the outcome of the treatment, including whether the embryo results in a successful pregnancy.

10.4.2.    Cryos is not liable for any injuries or complications arising from transferring unless due to gross negligence or intentional misconduct by Cryos.

10.4.3.    Any losses, including financial, psychological, or physical consequences of an unsuccessful or complicated course of treatment, are not Cryos’ responsibility.

10.5.    Storage and Handling of Eggs/Embryos

10.5.1.    Cryos complies with all relevant standards for the storage and handling of eggs and embryos.

10.5.2.    Cryos cannot be held responsible for unforeseen events such as power outages, technical fail-ures, or force majeure that may impact the quality or availability of eggs/embryos.

10.6.    Consent and Informed Decision

10.6.1.    The Patient provides consent for treatment based on the information provided by Cryos.

10.6.2.    The Patient has the right to withdraw their consent but must do so in writing and within the set deadlines for treatment.

11.1.    Delivery 

11.2.    The delivery address provided by the Customer must be that of a licensed tissue centre, fertility clinic, hospital department or authorized healthcare professional, Authorized Recipient, which have accepted to receive the Donor Gametes or Stored Gametes on behalf of the Patient as part of the Patient’s treatment related to assisted reproduction. Cryos is not permitted to deliver Donor Gametes or Stored Gametes directly to the Patients.

11.3.    Storage

11.3.1.    Oocytes and embryos can be stored for as long as the Depositor, according to applicable law, may receive treatment with assisted reproduction.

11.4.    Quota Reservation and registration of pregnancy

11.4.1.    In some countries, the Patient must hold a Quota Reservation (“QR”) in order not to exceed na-tional quotas regarding number of pregnancies/children/families per donor. The QR is a security for the Patient, that the Patient holds a family or pregnancy slot in the total country quota.

If a QR is mandatory in the Patient’s country of treatment, a QR will automatically be added to the order including the price of the QR. If a QR is not mandatory in the Patient’s country of treat-ment, a QR will not appear at the order.

11.4.2.    A QR is fully refundable within a period of three (3) years from the date of purchase of the QR provided that a pregnancy is not obtained, and that the Customer has no Donor Gametes left on Reservation for future treatments. Upon expiry of the aforementioned period of three (3) years the QR is no longer refundable.

11.4.3.    Prior to expiry of the period of three (3) years from the date of purchase of the QR, Cryos will send e-mails to the Customer reminding the Customer to convert the QR to a pregnancy registra-tion in case a pregnancy is obtained, or to terminate the QR against a refund, if a pregnancy is not obtained or if the Patient does not want to proceed with the chosen donor.

11.4.4.    The Customer must notify Cryos about pregnancy without undue delay and the notification must state if the pregnancy is a sibling (the Patient already has a child with the same donor). The Cus-tomer must also notify Cryos without undue delay if the pregnancy is terminated (biochemically, spontaneous abortion, extra uterine pregnancy or stillborn).

11.4.5.    Cryos is entitled to continue contacting the Customer until the result of the treatment has been registered. If, due to circumstances of the Customer, it is not possible to register the result of the treatment, Cryos is entitled to seek information from the Authorized Recipient where the Donor Gametes were delivered, if any.

11.4.6.    The Customer can see on Cryos’ website whether the quota for a specific donor has been reached in the chosen country. If there are no mandatory quotas for the country in question, the quota is calculated as the number of pregnancies registered minus siblings and abortions. The quota displayed is only indicative. Cryos disclaims all responsibility for the accuracy, e.g., due to pregnancies not registered, pregnancies registered twice or incorrectly, regional methodology to calculate of quotas, or lack of quotas.

11.5.    Serious adverse reactions 

11.5.1.    Customer must immediately notify Cryos about serious adverse reactions, including hereditary diseases, syndromes, multiple and isolated malformations, associations, etc. Cryos will use the information to take the necessary action in relation to other customers, authorities, etc.

11.5.2.    The Customer must notify Cryos pursuant to subsection 11.5.1. by filling out the website form Report of Conditions, which can be found on Cryos’ website. In order to assess the information, Cryos may request a blood sample and consent to obtain relevant information from the Patient’s and the child’s medical files.

11.6.    Quarantine and permanent blocking

11.6.1.    Cryos continuously verifies the suitability of donors in accordance with rules on risk assessment and selection of donors. In case a donor is under investigation for dominant genetic diseases or for being carrier of a recessive gene variant, Cryos is obligated to cancel or postpone shipping of confirmed orders. If Cryos cannot exclude a significant increased risk that the donor may transmit disease or a carrier status, Cryos ensures that the Donor Gametes are immediately quarantined. A quarantine is temporary. After further assessment the Donor Gametes are either released for sale or permanently blocked.

11.6.2.    Cryos will notify the Authorized Recipient about donors who are quarantined. The Authorized Re-cipient agrees not to use Donor Gametes from quarantined donors irrespective whether delivery has taken place.

11.6.3.    Cryos will notify the Authorized Recipient about donors who are permanently blocked. Donor Gametes from permanently blocked donors can only be used in treatments related to assisted reproduction by Patients who have already conceived a child with Donor Gametes from the per-manently blocked donor provided that the Patient accepts a special online declaration form. Upon request Cryos will replace at its discretion any Donor Gametes which are permanently blocked.

11.7.    Customer acknowledges that if a donor is quarantined or the donor's national pregnancy quota is reached, the use of Donor Gametes from that donor is not permitted and Cryos is obliged to stop any shipments.

11.8.    Transfer to another tissue centre

11.8.1.    Cryos keeps an agreement in force with another licensed tissue centre to take over stocks of Stored Gametes, Donor Gametes, traceability data and material relating to quality and safety, if Cryos is not able to continue its activities.

11.9.    Processing of personal data

11.9.1.    Cryos processes personal data about Customers as specified in the Privacy Policy and the Cook-ie Policy which are incorporated in these Terms by reference.

12.1.    With regard to injuries incurred in connection with treatment related to assisted reproduction at Cryos, please refer to the Patient Compensation Association (Patienterstatning-en): Patienterstatningen - officiel myndighed | Patienterstatningen. In other cases, Cryos is liable for damages in accordance with the general principles of Danish law, however, see below.

12.2.    Cryos provides its treatments related to assisted reproduction under the condition that Customers understand the inherent risks involved, such as fertility treatment outcomes, unwanted pregnan-cy, multiple pregnancies, spontaneous abortion, extra-uterine pregnancy, and stillbirth. Customers agree to these risks when initiating a treatment related to assisted reproduction offered by Cryos.

12.3.    Cryos will exercise reasonable care and skill in the provision of its treatments related to assisted reproduction. However, Cryos shall only be liable for direct losses or damages arising from its treatments related to assisted reproduction. Cryos will not be responsible for incidental or conse-quential damages such as expenses for medicine, transport, travel expenses, accommodation, loss of income, or loss of time and clientele, except where such liability cannot be excluded by law.

12.4.    Cryos shall not be considered in breach of its obligations or liable for any delay or failure in per-formance resulting from circumstances beyond its reasonable control, including but not limited to pandemics, strikes, lockouts, transport difficulties, detention, goods retained at customs, confis-cation, war, martial conflicts or civil unrest, vandalism, terrorism, radioactivity, or natural disasters.

12.5.    In the event that Cryos is liable for loss of or damages to Stored Gametes, Cryos is liable accord-ing to the general principles of Danish law. In the event that Cryos is liable for loss of or damages to Reservations, Cryos’ liability shall be limited to replacement of an equivalent number of Donor Gametes from the same donor or another donor with a similar donor profile, alternatively an amount equalling the total purchase price paid by the Customer in relation to the Donor Gametes, e.g. the remaining Reservation Period or Storage Period.

13.1.    The Customer expressly releases, indemnifies, defends and holds harmless Cryos, its agents, employees, officer, directors, shareholders, representatives, independent contractors, customers, successors and affiliates to the fullest extent permitted by law from and against any claims, loss, damage, expenses, liabilities, demands, offsets, causes of actions and attorney’s fees arising out of or in any way relating to these Terms in regard to treatment related to assisted reproduction.

14.1.    To the extent permitted under applicable law, these Terms are governed by Danish law except for its choice of law provisions.

Updated 11MAR2025