SkinAware - Terms and Conditions of Use

1. General Acceptance of Terms

1.1 The SkinAware app and corresponding online services are developed, owned and operated by medaia GmbH, Graz (“medaia″).

1.2 By using the services available on or from the Solution (“Services”) in any way, you are agreeing to comply with and be bound by these Terms of Condition and Use as well as our Privacy Policy and all rules, policies and disclaimers posted on the Solution or about which you are notified (collectively “Terms”).

1.3 Your compliance with these Terms is a condition for your use of our Services. If you do not agree with all the Terms, do not use our Solution or Services.

1.4 Please review all the Terms of Condition and Use carefully before using the Solution or Services.

2. Definitions

2.1 In the Terms, “User,” “you” and “your” refer to the individual that uses the Services. 

3. Services Provided – No Medical Device or Advice

3.1 The medaia GmbH is not a health care provider and does not provide medical diagnoses, care, and/or treatment via its Solution. The Services allow you to upload, track and store images of skin lesions for self-monitoring your skin conditions and lesions. The Services cannot and should not substitute consultations with medical doctors. Users should seek medical advice for all questions concerning their health.

3.2 Our Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking professional medical advice based on anything that appears or does not appear on our Services.

4. Privacy Policy

4.1 Services shall be governed by the Privacy Policy, which can be found here: Privacy Policy or directly in the SkinAware app. 

5. No Users Under Eighteen (18) Years Old

5.1. By using the Services, you represent and warrant that you are at least eighteen (18) years old and able to form legally binding contracts. If you are under the age of eighteen (18), please do not attempt to use the Services or provide any personal information about yourself to us. If you believe we have collected personal information from someone under the age of eighteen (18), please Contact Us.

6. Ownership of the Platform

6.1. The Solution contains confidential and proprietary information, materials, data, databases, contents, processes, know-how, software, text, displays, images, videos, trademarks, logos, service marks, features and functionalities, and the design, selection and arrangement thereof, are owned by medaia, its licensors or other providers of such material and are protected by copyright, trademark, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).

6.2 These Terms of Condition and Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material of our Solution, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Solution for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Solution or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Solution.

6.3 You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of medaia without our express written consent.

6.4 You must not access or use any part of the Solution or any services or materials available through the Solution for outsourcing for others or for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes without express written consent of medaia. 

6.5 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Solution in breach of the Terms, your right to use the Solution will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Solution or any content on the Solution is transferred to you, and all rights not expressly granted are reserved by medaia. Any use of the Solution not expressly permitted by these Terms of Conditions and Use is a breach of these Terms and may violate copyright, trademark and other laws.

7. Access to the Services, Security, and Restrictions

7.1. You are prohibited from violating or attempting to violate the security of the Solution, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the User is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Solution or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law.

7.2. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Solution, deep-link to any feature or content in the Solution, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Solution.

7.3 Violations of system or network security may result in civil or criminal liability. medaia will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Solution or any activity being conducted on the Solution.

7.4 Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of information; those protocols could fail causing a breach of privacy of your health information.

8. Your Account; Passwords

8.1. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Solution and establish your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.

8.2 In the event access to the Solution or a portion thereof is limited requiring a nickname and password (or other means of authentication) (“Protected Areas”), you agree to access Protected Areas using only your nickname and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Solution may be revoked by medaia at any time with or without cause. You agree to defend, indemnify, and hold medaia harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms or violation of applicable law, your use or access of the Solution, or access by anyone accessing the Solution using your user ID and password.

8.3 medaia reserves the right, in its sole discretion, to terminate your access to all or part of the Solution or Services, with or without cause, and with or without notice.

9. Exclusion of Warranties and Liability

9.1. You are responsible for your use of the Solution and Services. We do not warrant that the Solution and Services will always be accessible.

9.2. You are solely responsible for having a proper regular examination of your skin by a medical doctor. You accept that we do not offer advice on any possible skin condition and do not render any medical treatment diagnoses or assessment. If you self-monitor your skin, you are solely responsible for uploading images. Any reminder service offered by us is only offered for convenience for you and should not be relied upon.

9.3. Although we attempt to ensure the integrity and accuracy of the Solution, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Solution and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Solution by third parties. If an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies in the Solution without notice. Information contained in the Solution may be changed or updated without notice. Additionally, medaia shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

9.4 medaia services and related documents are provided “as is” and without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, quality of information and title/non-infringement. No information, whether oral or written, obtained by you from us through the Solution or this Service creates any warranty, representation or guarantee not expressly stated in these terms and conditions. medaia does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the services are free of viruses or other harmful components. medaia does not warrant or represent that the use or the results of the use of Solution and/or Services, from third parties or a linked service will be correct, accurate, timely, reliable or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above-mentioned exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

9.5 Under no circumstances will medaia be liable for any loss or damage caused by a user’s reliance on information obtained through the Service, from third parties or a linked service, or user’s reliance on any product or service obtained from third parties or a linked service. Use of this service is at the user's sole risk.

9.6 No advice or information, whether oral or written, obtained by you from medaia or through or from the Services shall create any warranty.

9.7 We make no representations whatsoever about any other website that you may access through the Solution. When you access a non-medaia website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-medaia website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as i.e. viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Solution, you do this entirely at your own risk.

10. Indemnification

10.1. You agree to defend, indemnify, and hold medaia and its subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Solution, Services, or any information posted within the Solution; (ii) your breach of the Terms of Condition and Use or Privacy Policy; (iii) the content or subject matter of any information you provide to medaia; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Solution, Services, or any information in the Solution, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

11. Limitation of Liability

11.1 In no event shall medaia, its subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue, or other economic advantage), arising out of or in connection with the Solution and/or Services, or the terms based on any theory, even if advised of the possibility of such damages. The limitation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Services and the information would not be provided without such limitations. Your sole remedy for dissatisfaction with the Solution Service and/or Solution-related services, services and/or linked websites is to stop using the Solution and/or those services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

12. Electronic Communications

12.1 When you use the Solution or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices in the Solution or by other electronic means. You agree that (a) all agreements and consents can be signed electronically and (b) all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Solution and Services until you provide the information to us as requested.

12.2 In case medaia uses push notifications to send you notifications, such as reminders to follow up with your regular skin checks. In such a case you can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications in the device settings of your mobile device. If you choose not to receive push notifications, then you will still receive in-app notifications within the mobile application.

13. Right to Modify Terms

13.1 In its sole discretion, medaia may modify any of the Terms and Conditions at any time by posting them in the Solution at least thirty (30) days’ before they become effective. You should, therefore, periodically visit this section to review the current Terms, so you are aware of any such revisions to which you are bound.

13.2 If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Solution and Services. Your continued use of the Solution and Services after revisions to these Terms shall constitute your agreement to the revised Terms and Conditions.

13.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms.

14. Agreement; Assignment; Miscellaneous

14.1 The Terms and Conditions for Use constitute the complete and exclusive statement of the agreement between you and us. It supersedes any and all prior or contemporaneous agreements, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms and Conditions. If there is a conflict between an oral or written representation of any medaia employee or agent the Terms will prevail.

14.2 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties and the other provisions shall remain in full force and effect. medaia’s failure to exercise or enforce any of the Terms and Conditions shall not constitute a waiver of medaia’s right to exercise or enforce the Terms and Conditions as to the same or another instance. medaia shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of medaia. No delay or omission on the part of medaia in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.

14.3 You agree that medaia may assign the Terms and Conditions to any other entity of its choosing, with or without giving notice to you. You may not assign the Terms and Conditions to any other party for any reason. The section titles in the Terms and Conditions are solely used for the convenience of the Parties and have no legal or contractual significance.

Contact

medaia GmbH
Am Eisernen Tor 5/1/12
8010 Graz
Austria