Skincheck Terms of Use
(last modified: October 18, 2024)
Welcome to SkinCheck! We are a cell phone or tablet compatible application (“App”)developed by Skin Check, Inc. (“Skin Check”, “We”, “Our, or “Us”) that uses technology to analyze images of moles and skin lesions, as well as provide dermatology telehealth services to remotely connect patients with HealthCare Professionals (“HCPs”) (the“Services”). The App is available for users as Patients and HCPs (as defined below), jointly users (“Users”) at Google Play Store and App Store.
These Terms of Use (“Terms of Use”) apply to the Sites, Services, Content and App as defined herein. Some of the Sites, Services, or Content may have their own terms and conditions. By accessing the Sites, Services, Content or App, you agree to be bound by any terms that govern use of each. To the extent that there are no separate terms and conditions provided with respect to the Sites, Services, Content or the App, these Terms of Use apply. Access to and use of the Sites, Services, Content or App, is subject to these Terms of Use. Please do not access the Sites, Services, Content or App, if you do not agree with them. We reserve the right to withdraw or make partial or full modifications to the Sites, the Content, the Services, this App, Our Terms of Use, or Our Privacy Policy at any time. You will be notified of material changes to these Terms of Use by means of a notice to the email address you have provided to Us or a prominent notice on the Sites.
We are not responsible for the use of this App in combination with and/or separately from any clinical health assistance, medications, treatments, or interventions. The correct functioning of this App will be strictly subject to the terms mentioned herein.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations with respect to your use of theSites, Content, Services or the App, including but not limited to various limitations, exclusions, and indemnities.
These Terms of Use, along with all amendments, addenda, and licenses together with all other rules and policies governing the Sites, Content, Services and the App, including Our Privacy Policy (“Related Documents”), constitute the rules between you and Us for you to access and use the Sites, Content, Services, and the App. All information collected will be processed in accordance with Our Privacy Policy.
By accessing or using the Sites, Content, and Services, or the App, you indicate that you have read these Terms of Use and the Related Documents and that you understand and agree to be bound by them. If you have not read the Terms of Use and RelatedDocuments, or do not consent to be bound, do not use the App.
These Terms of Use (“Terms of Use”) apply to the Sites, Services, Content and App as defined herein. Some of the Sites, Services, or Content may have their own terms and conditions. By accessing the Sites, Services, Content or App, you agree to be bound by any terms that govern use of each. To the extent that there are no separate terms and conditions provided with respect to the Sites, Services, Content or the App, these Terms of Use apply. Access to and use of the Sites, Services, Content or App, is subject to these Terms of Use. Please do not access the Sites, Services, Content or App, if you do not agree with them. We reserve the right to withdraw or make partial or full modifications to the Sites, the Content, the Services, this App, Our Terms of Use, or Our Privacy Policy at any time. You will be notified of material changes to these Terms of Use by means of a notice to the email address you have provided to Us or a prominent notice on the Sites.
We are not responsible for the use of this App in combination with and/or separately from any clinical health assistance, medications, treatments, or interventions. The correct functioning of this App will be strictly subject to the terms mentioned herein.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations with respect to your use of theSites, Content, Services or the App, including but not limited to various limitations, exclusions, and indemnities.
These Terms of Use, along with all amendments, addenda, and licenses together with all other rules and policies governing the Sites, Content, Services and the App, including Our Privacy Policy (“Related Documents”), constitute the rules between you and Us for you to access and use the Sites, Content, Services, and the App. All information collected will be processed in accordance with Our Privacy Policy.
By accessing or using the Sites, Content, and Services, or the App, you indicate that you have read these Terms of Use and the Related Documents and that you understand and agree to be bound by them. If you have not read the Terms of Use and RelatedDocuments, or do not consent to be bound, do not use the App.
Relationship
You agree that accessing the Sites, or downloading or use of the Content, does not establish a professional relationship between you and Skin Check or any party associated with Skin Check, unless you establish an account through the App and utilize Our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites or User of the Content, or by anyone who may be informed of any of their contents. The Sites and Content may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Skin Check, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Skin Check. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
PLEASE BE AWARE THAT THE APP IS NOT INTENDED FOR HEALTH CARE THATIS NOT IN CONNECTION WITH DERMATOLOGY, POINT OF CARE TESTING,CLINICAL OR LABORATORY ANALYSIS, DIAGNOSTIC, PRESCRIPTION,OFF-LABEL USE OR USE IN URGENCY OR EMERGENCY CONDITIONS AND WE DISCLAIM ANY LIABILITY FOR USE OF THE APP IN CONNECTION WITH THE ABOVE. IF YOU ARE A PATIENT USER IN NEED OF HEALTH CARE NOT IN CONNECTION WITH THE APP, PLEASE CALL 911 (IN THE UNITED STATES) OR GOTO THE NEAREST HOSPITAL OR URGENT CARE FACILITY IN CASE OF EMERGENCY. IF YOU ARE AN HCP, DO NOT USE THE APP TO COMMUNICATE WITH YOUR PATIENTS ABOUT MEDICAL EMERGENCIES OR URGENT ISSUES.
PLEASE BE AWARE THAT THE APP IS NOT INTENDED FOR HEALTH CARE THATIS NOT IN CONNECTION WITH DERMATOLOGY, POINT OF CARE TESTING,CLINICAL OR LABORATORY ANALYSIS, DIAGNOSTIC, PRESCRIPTION,OFF-LABEL USE OR USE IN URGENCY OR EMERGENCY CONDITIONS AND WE DISCLAIM ANY LIABILITY FOR USE OF THE APP IN CONNECTION WITH THE ABOVE. IF YOU ARE A PATIENT USER IN NEED OF HEALTH CARE NOT IN CONNECTION WITH THE APP, PLEASE CALL 911 (IN THE UNITED STATES) OR GOTO THE NEAREST HOSPITAL OR URGENT CARE FACILITY IN CASE OF EMERGENCY. IF YOU ARE AN HCP, DO NOT USE THE APP TO COMMUNICATE WITH YOUR PATIENTS ABOUT MEDICAL EMERGENCIES OR URGENT ISSUES.
Definitions
The term “App” encompasses (1) all features and functionalities of Our mobile application accessed by the Patient and/or the HCPs, (2) all content inserted or accessible through the App, whether accessible wirelessly online, electronically or laterin offline mode, i.e., after downloading or printing, and (3) all Services provided or made available to Users.
The term “Sites” refers to www.skincheck.health and any other Skin Check websites, including any social media accounts and the App.
The term “Content” refers to any content on or accessible via the Sites, including anySite page, screen, or separately formatted content.
The term “Services” refers to the services listed below.
The term “Patient” refers to a patient using the App or a supervisor/legal representative or other person who is involved in the management or care of the patient.
The term “HCPs” refers to a duly licensed healthcare professional using the App who provides healthcare assistance, follows and manages the Patient’s health conditions.
The term “User” refers to you as a user of the App, including Patient and HCP.
The term “Personal Information” refers to any information capable of directly or indirectly identifying a User collected or available through the App.
The term “Sites” refers to www.skincheck.health and any other Skin Check websites, including any social media accounts and the App.
The term “Content” refers to any content on or accessible via the Sites, including anySite page, screen, or separately formatted content.
The term “Services” refers to the services listed below.
The term “Patient” refers to a patient using the App or a supervisor/legal representative or other person who is involved in the management or care of the patient.
The term “HCPs” refers to a duly licensed healthcare professional using the App who provides healthcare assistance, follows and manages the Patient’s health conditions.
The term “User” refers to you as a user of the App, including Patient and HCP.
The term “Personal Information” refers to any information capable of directly or indirectly identifying a User collected or available through the App.
Purpose of the App and Services
The App provides different Services for Users, including:
- For Patients to input, upload, receive, store or manage their Personal Information, including but not limited to images of their moles or skin lesions and other health and/or clinical information;
- For Patients to remotely connect with a HCP by means of dermatology telehealth (synchronous and asynchronous);
- For HCPs to input, upload, receive, store or manage their Patient’s Personal Information, including but not limited to images of their moles or skin lesions and other health and/or clinical information;
- For HCPs to remotely connect with Patients by means of dermatology telehealth (synchronous and asynchronous);
- For Users to receive electronic reminders and notifications related to Our Services;
- For Users to access and use a personal, password-protected database to enter Personal Information and later review that Personal Information in connection with the management of their health conditions.
Not all Services will necessarily be used by or made available for every User.
Scope of these Terms of Use
By using the Sites, Services, Content or App, or by bypassing these Terms of Use andRelated Documents in any way, you are entering into an agreement with Us to be boundby the then-current version of the Sites, Services, Content or App, including theseTerms of Use. You are also bound by all applicable laws. We reserve the right to revise these Terms of Use and Related Documents at any time including, for example, anyrules or postings on the App regarding the use of specific features of the App (for example, how to establish an account) and such revisions shall become effective whenWe post them on the Sites.
Representations and Warranties
User Representations and Warranties
If you are a User, you represent and warrant that:
If you are a User, you represent and warrant that:
- You have sufficient legal capacity and authority to enter into these Terms of Use and will use the App exclusively according to the terms and conditions authorized herein;
- You will enter accurate information about yourself. If You discover any inaccurate information in the App about You, You agree to take all necessary steps to correct such inaccurate information in reasonable time.
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule, or regulation prohibits you to access the Sites, Content, or Services, or use the Services, you may not access theSites nor use the Content, and you may not use Our Services or the App. If you nevertheless access or use the Sites, Content, Services, or the App, you will still be bound by these Terms of Use and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.
- We shall not be liable for loss or damage resulting from use not in compliance with these Terms of Use, misuse or inability to use the Sites, Services, Content or App, including but not limited in case of external impacts, e.g. damaged hardware, discharged, battery, etc.;
- The App is designed to help Patients monitor certain dermatology conditions and receive remote assistance from an HCP, but the Patient is ultimately responsible for engaging healthcare services according to their conditions obtaining a diagnosis and starting their own treatment and care. The content provided by theApp does not provide any type of diagnostic or treatment and does not replace health care assistance from duly licensed health professionals or services; and
- If you are a Patient and have a serious problem or need immediate medical attention, please call 911 (in the United States) or go to the nearest hospital or urgent care facility in case of emergency.
Reviews from the Google Play Store or App Store shall be limited to the App only and We shall have no liability for the reviews entered therein.
Healthcare Professionals Representations and Warranties
If you are an HCP, you additionally represent and warrant that:
- You are a duly licensed healthcare professional involved in the management or health care of Patients;
- You are authorized to accept these Terms of Use and the Related Documents on behalf of yourself and your employer or your Patients;
- You have taken all measures or collected all consents, permits or authorizations required by applicable to law to process any Patient Personal Information by means of the App;
- You will enter accurate information about yourself and your Patients. If You discover any inaccurate information in the App about You or Your Patients, You agree to take all necessary steps to correct such inaccurate information in reasonable time.
- Your use of the Sites, Services, Content or App is voluntary in support of the delivery of care to your Patients and We are not responsible for any of the following:
- Whether or not you log in to the App to review any related data regarding your Patients, including health data according to the applicable law;
- Your collection of the Patient’s images of moles and skin lesions or other relevant health data according to the applicable law outside of the App
- Monitoring the Patient’s images of moles and skin lesions or other relevant health data according to the applicable law on your behalf or of thePatient;
- Any preventive measures, treatments, decisions, modifications to treatment plans or diagnosis, or any other decision within the scope of a health practice or pursuant to a treatment with a Patient you serve, whether or not based on data obtained from the App; and
- Your compliance with any applicable law.
Use License
Subject to the Terms of Use, the Related Documents and any other agreements entered into between Us and Users, We grant Users a limited, non-transferable, non-sub licensable, non-exclusive, personal, revocable license to (a) access and use theSites, Services, Content or App as described in these Terms of Use, (b) load the Appon to a User’s compatible mobile phone/tablet or other wireless, handheld communication device software intended to facilitate communication between the Appservers and such devices, and (c) print information from the App only for the following reasons: (i) your personal use as a User or (ii) your professional use as an HCP with respect to a Patient. No license is granted to any third party and Users have no right tomake access to the Services available to anyone. You have no right or license to use the Services for the benefit of any third party, except if you are a HCP, a supervisor/legal representative, or other person involved in the management or care of a patient and you are using the App on behalf of the Patient.
Excluding Personal Information, all content published on this App including, including but not limited to, information, documents, surveys, and illustrations are the sole property of Skin Check. Any permission to use them will be granted provided that the relevant copyright is shown on all copies and that this content is (i) used only for (a)your personal use as a User or (b) your professional use as an HCP, (ii) are not exploited commercially, and (iii) are not modified in any way, and that all illustrations obtained from the App are only used together with the text that accompany them.
Excluding Personal Information, all content published on this App including, including but not limited to, information, documents, surveys, and illustrations are the sole property of Skin Check. Any permission to use them will be granted provided that the relevant copyright is shown on all copies and that this content is (i) used only for (a)your personal use as a User or (b) your professional use as an HCP, (ii) are not exploited commercially, and (iii) are not modified in any way, and that all illustrations obtained from the App are only used together with the text that accompany them.
Materials Ownership and Use Restrictions
Skin Check is, unless otherwise indicated, the owner of all copyrights, trademarks, patents, trade secrets, databases, and other exclusive rights in the App. You may not publish, distribute, excerpt, reuse, or reproduce any part of the App in any relevant form(including photocopying or storing in any media by electronic means) other than in accordance with the limited use license set forth in these Terms of Use and the RelatedDocuments. Except when expressly provided in these Terms of Use or other document, we do not grant you rights under any patents, copyrights, trademarks, trade secrets, or any other proprietary rights.
Except as expressly permitted in these Terms of Use, you may not modify or copy in any way any content obtained on the Sites, Services, Content or App by you; distribute or transmit such content to any third party for commercial purposes; frame, extract, or display any content from the Sites, Services, Content or App for your own account or from any other website; use such content in any manner that competes with or disparages Us; mass distribute such content through electronic or other means; or make any unauthorized use of such content. Such modification, distribution, transmission, display, or use will constitute a material breach of these Terms of Use.You may not decompile, reverse engineer, or reverse assemble any portion of the Sites,Services, Content or App or the underlying software. If you download or print any content from the Sites, Services, Content or App, to the extent allowed by these Terms of Use you agree to maintain any and all patent, copyright, trademark, and other proprietary rights notices or statements appearing in such content and not to remove, destroy or cancel them. We have no right or authority to authorize you to access, use, download, print, copy, modify, display, distribute or transmit any content from any other website that you may access from the Sites, Services, Content or App.
You have no right or license to use the Sites, Services, Content or App for the benefit of any third party not licensed by Us. You represent and warrant that you have the legal right to input any information and content you may input into the App, including but not limited to Personal Information, and none of such information and content infringes data protection or privacy regulations or the copyrights, patents, trademarks, trade secrets and/or any other intellectual property rights of any third party.
In connection with your access to and use of the Sites, Services, Content or App, you may not access or use any password-protected, secure or non-public area of the Sites,Services, Content or App except as specifically authorized in writing by Us; impersonate or misrepresent your affiliation with any person or entity; use any automated means to access or use the Sites, Services, Content or App, including scripts, bots, scrapers, data miners or similar software; attempt to or actually disrupt, impair, interfere with, alter or modify the Sites, Services, Content or App or any information, data or materials posted or displayed by Us; access data on the Sites, Services, Content or App that is not intended for you; or attempt to investigate, scan or test the vulnerability of the Sites,Services, Content or App or breach any security or authentication measures in place, regardless of your motives or intentions.
Except as expressly permitted in these Terms of Use, you may not modify or copy in any way any content obtained on the Sites, Services, Content or App by you; distribute or transmit such content to any third party for commercial purposes; frame, extract, or display any content from the Sites, Services, Content or App for your own account or from any other website; use such content in any manner that competes with or disparages Us; mass distribute such content through electronic or other means; or make any unauthorized use of such content. Such modification, distribution, transmission, display, or use will constitute a material breach of these Terms of Use.You may not decompile, reverse engineer, or reverse assemble any portion of the Sites,Services, Content or App or the underlying software. If you download or print any content from the Sites, Services, Content or App, to the extent allowed by these Terms of Use you agree to maintain any and all patent, copyright, trademark, and other proprietary rights notices or statements appearing in such content and not to remove, destroy or cancel them. We have no right or authority to authorize you to access, use, download, print, copy, modify, display, distribute or transmit any content from any other website that you may access from the Sites, Services, Content or App.
You have no right or license to use the Sites, Services, Content or App for the benefit of any third party not licensed by Us. You represent and warrant that you have the legal right to input any information and content you may input into the App, including but not limited to Personal Information, and none of such information and content infringes data protection or privacy regulations or the copyrights, patents, trademarks, trade secrets and/or any other intellectual property rights of any third party.
In connection with your access to and use of the Sites, Services, Content or App, you may not access or use any password-protected, secure or non-public area of the Sites,Services, Content or App except as specifically authorized in writing by Us; impersonate or misrepresent your affiliation with any person or entity; use any automated means to access or use the Sites, Services, Content or App, including scripts, bots, scrapers, data miners or similar software; attempt to or actually disrupt, impair, interfere with, alter or modify the Sites, Services, Content or App or any information, data or materials posted or displayed by Us; access data on the Sites, Services, Content or App that is not intended for you; or attempt to investigate, scan or test the vulnerability of the Sites,Services, Content or App or breach any security or authentication measures in place, regardless of your motives or intentions.
Downloading
You may only download Content that is expressly designated to be downloaded byUsers, or by HCPs if you are an HCP. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any Content, or use thereof for an illegal purpose, is expressly prohibited.
Submission of Information or Materials
You may be required to provide Us with information about yourself to enjoy certain features of the Sites, such as setting up account(s), downloading or using Our Content or Services, or using the App. If you choose to provide Us with such information, you agree: (i) to provide true, accurate, current, and complete information about yourself as prompted by the Sites, Services, Content or App, and (ii) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, We have the right to terminate your account and refuse any and all current or future use of the Sites, Services, App orContent. Any Personal Information We may require you to provide is described in OurPrivacy Policy.
User Contributions
The Sites, Services, Content and App may contain message features, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features(collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “Post”) content or materials(collectively, “User Contributions”) on or through the Sites, Services, Content or App. AllUser Contributions must comply with the Content Standards set out in these Terms ofUse. Any User Contribution you post to the Sites, Services, Content or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, Services, Content or App, you grant Us and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our licensees, successors, and assigns.
- All your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Skin Check, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Sites, Services, Content or App.
Monitoring
We may monitor use of the Sites, Services, Content or App from time to time but have no obligation to do so. If and when We do monitor your use of the Sites, Services, Content or App, We will do so in accordance with applicable law. In addition, We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
- Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including if We believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Sites, Services, Content or App or the public or could create liability for SkinCheck or any of Our clients, vendors or employees.
- Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized or inaccurate use of the Sites, Services, Content or App.
- Terminate or suspend your access to all or part of the Sites, Services, Content or App for any violation of these Terms of Use.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Sites, Services,Content or App.
YOU WAIVE AND HOLD HARMLESS SKIN CHECK AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,SUCCESSORS, OR ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OFSUCH MONITORING AND ANY RESULTING INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
YOU WAIVE AND HOLD HARMLESS SKIN CHECK AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,SUCCESSORS, OR ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OFSUCH MONITORING AND ANY RESULTING INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Content Standards
These content standards (“Content Standards”) apply to all User Contributions and use of the Sites and Content. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use or Our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Prohibited Actions
You may not do any of the following on, through or in any way in connection with the Sites, Services, Content or App:
- Upload, post, transmit or submit any information or material that (i)contains software viruses, worms, code, files or programs designed to interrupt, deny service, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, pornographic, abusive, threatening to others, intimidating, hateful, racially or ethnically objectionable or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy or other intellectual property right of any third-party; (iv) violates any state, federal or international law; (v)constitutes bulk or unsolicited commercial email – i.e. spam; (vi)constitutes phishing; or (vii) constitutes a BOT or spider.
- Harm minors in any way.
- Interfere with or disrupt the Sites, Services, Content or App.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Violate or infringe any of Our trademark, copyright, proprietary or intellectual property rights.
- Violate or breach any provision of these Terms of Use or the Related Documents.
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with the Sites, Services, Content or App or obtain unauthorized access to the Sites, Services, Content or App.
- Use any content or other information to, in whole or in part, create a likelihood of confusion, to misrepresent any fact or to deceive others in any form or by any means.
- Access the Sites, Services, Content or App by any means other than through the interface provided by Us.
- Remove any copyright notice, trademark notice or other proprietary notice from any content you download or otherwise receive from or through theSites, Services, Content or App.
- Misappropriate the funds, property, or data of any person.
- Hack or crack in an attempt to gain unauthorized access to the Sites,Services, Content or App or any data, content, or other information on or accessible through any Sites, Services, Content or App.
- Grant access to any third party to access or use any Sites or Content on your behalf, even as an agent, without the written consent of Skin Check.
Links to Third-Party Sites
The Sites, Services, Content or App may contain links to sites and other materials made available by third parties. If you use such functionality, you are directing Us to access, route, and/or transmit such content to you.
Third-party content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Sites, Services, Content or App or these Terms of Use grants you any right, title, or interest in
or to this content, except for the limited right to use the Sites, Services, Content or App as set out in these Terms of Use.
Unless specifically stated otherwise, Skin Check does not endorse, approve, recommend, or certify any third-party information, product, process, service, or organization presented or mentioned in the Sites, Services, Content or App, and third-party information from the Sites, Services, Content or App should not be referenced in any way to imply such approval or endorsement. The availability of any third-party content through the Sites, Services, Content or App does not imply Our endorsement of or affiliation with any provider of such content. Your use of any third-party content is at your own risk and is subject to any terms, conditions, and policies applicable to them (such as terms of service or privacy policies of the providers of the third-party content).
Third-party content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Sites, Services, Content or App or these Terms of Use grants you any right, title, or interest in
or to this content, except for the limited right to use the Sites, Services, Content or App as set out in these Terms of Use.
Unless specifically stated otherwise, Skin Check does not endorse, approve, recommend, or certify any third-party information, product, process, service, or organization presented or mentioned in the Sites, Services, Content or App, and third-party information from the Sites, Services, Content or App should not be referenced in any way to imply such approval or endorsement. The availability of any third-party content through the Sites, Services, Content or App does not imply Our endorsement of or affiliation with any provider of such content. Your use of any third-party content is at your own risk and is subject to any terms, conditions, and policies applicable to them (such as terms of service or privacy policies of the providers of the third-party content).
Confidential Information
Except for Personal Information (if you are a User), specific Patient data, includingPatient Personal Information (if you are a HCP) that you may enter on your password protected portion of the App and the brand, model and screen resolution of your mobile device during App installation, We do not request or wish to receive any personal, confidential, secret, proprietary or other relevant information from you, whether through the App, any of its Services, by email or otherwise. Unless expressly agreed in writing prior to your registration with Us or as set forth in these Terms of Use and the RelatedDocuments, any comments, feedback, information or other materials submitted or sent to Us shall not be considered confidential or secret. By submitting or sending Us comments, feedback, information or other materials, you represent and warrant that the information and materials are original to you and that no other party has any rights to the information or materials.
Trademarks
All brand, product and service names used in connection with the Sites, Services, Content or App and Skin Check are trademarks or trade names of Skin Check unless otherwise indicated. You may not distribute products or offer services under or by reference to, or otherwise use or reproduce such trademarks and trade names, use any meta tags or any other “hidden text” utilizing such trademarks or trade names, without Our prior express written permission.
Registration and Security
By entering any information into the Sites, Services, Content or App, you represent and warrant that: (i) you are using your real identity; (ii) you are providing only true, accurate, current and complete information; and you will maintain and promptly update
the information you provide to keep it true, accurate, current and complete. In addition, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Sites, Services, Content or App, or any part thereof, and agree not to allow any other person to use any username or password that has been issued to you. You will be responsible for all activities that occur under your account or password. We cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations. Should you wish to cancel your username or password, or become aware of any loss, theft, or unauthorized use of a username or password, please contact Customer Support immediately at Contact@skincheck.health. We reserve the right to delete or, upon notice, change any username or password at any time and if We have reasonable suspicions that the account is against these Terms of Use or the applicable law.
the information you provide to keep it true, accurate, current and complete. In addition, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Sites, Services, Content or App, or any part thereof, and agree not to allow any other person to use any username or password that has been issued to you. You will be responsible for all activities that occur under your account or password. We cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations. Should you wish to cancel your username or password, or become aware of any loss, theft, or unauthorized use of a username or password, please contact Customer Support immediately at Contact@skincheck.health. We reserve the right to delete or, upon notice, change any username or password at any time and if We have reasonable suspicions that the account is against these Terms of Use or the applicable law.
International Users
Skin Check does not represent or warrant that the content of the Sites, Services,Content or App is appropriate, legal or available for use in countries other than theUnited States or Brazil. If you use the Sites, Services, Content or App in countries outside the United States or Brazil, you are responsible for compliance with all applicable laws.
Disclaimer of Warranties and Liability
You understand that We cannot and do not guarantee or warrant that the Sites, Content,Services or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. WEWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TOYOUR USE OF THE SITES, CONTENT OR ANY SERVICES, OR ON ANY SITE LINKED TO THEM. YOUR USE OF THE SITES, CONTENT, SERVICES AND APP ISAT YOUR OWN RISK. THE SITES, CONTENT, SERVICES AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SKIN CHECK DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU EXPRESSLY AGREE THAT USE OF THE SITES,CONTENT, SERVICES AND APP IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES, CONTENT, SERVICES AND APP. WE AND OUR THIRD PARTY VENDORS DO NOT REPRESENT OR WARRANT THAT THE SITES,CONTENT, SERVICES OR APP WILL BE UNINTERRUPTED OR ERROR-FREE,THAT DEFECTS, IF ANY, WILL BE CORRECTED, THAT THE SITES, CONTENT,SERVICES OR APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES, CONTENT, SERVICES OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NOR WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY,CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITES,CONTENT, SERVICES OR APP. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that data entry and conversion are subject to errors, omissions, delays and losses by persons and machines, including inadvertent loss or corruption of data or damage to media, which may cause loss or damage. We shall not be liable for such errors, omissions, delays or losses unless caused by Our gross negligence or willful misconduct. You are responsible for taking reasonable steps to limit the impact of such problems, including backing up data and adopting procedures to ensure the accuracy of the data entered; examining and confirming results before using the data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state and federal laws regarding the use and disclosure of any data.
You acknowledge that data entry and conversion are subject to errors, omissions, delays and losses by persons and machines, including inadvertent loss or corruption of data or damage to media, which may cause loss or damage. We shall not be liable for such errors, omissions, delays or losses unless caused by Our gross negligence or willful misconduct. You are responsible for taking reasonable steps to limit the impact of such problems, including backing up data and adopting procedures to ensure the accuracy of the data entered; examining and confirming results before using the data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state and federal laws regarding the use and disclosure of any data.
Indemnity
You agree to indemnify, defend and hold Us and Our directors, officers, employees, agents and representatives harmless from and against any and all claims, demands, suits, damages, liabilities, losses, costs or expenses of third parties (including, but not limited to, reasonable attorneys’ fees and disbursements and court costs), judgments, settlements and penalties of all types arising out of: (i) your use of the Sites, Services, Content or App or any data provided in connection therewith in violation of these Terms of Use or the Related Documents, by you or any of your partners, employees, agents or contractors; (ii) any allegation that the Sites, Services, Content or App as modified or altered by you or your partners, employees, agents or contractors, or Our use of any data submitted by you, infringes the patent, copyright or other intellectual property right, or misappropriates the trade secrets, of any third party; (iii) any inaccurate or incomplete data, or any virus, worms, spyware, backdoor, Trojan horse or other malicious code transmitted by you; (iv) any violation of the Terms of Use by you, including the Related Documents; and (v) any violation of applicable laws, rules or regulations by you.
Limitation of Liability
IN NO EVENT WILL SKIN CHECK OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, CONTENT, SERVICES OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Setoff
You shall not, and acknowledge that you will have no right to, withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to Us under any circumstances against any other amount owed (or to become due and owing) to you by Us.
Term and Termination
Your obligations hereunder shall continue for as long as you access or use the Sites,Services, Content or App or use or maintain any Sites, Services, Content or App content or copies thereof. You may terminate your obligations at any time, discontinue use of the Sites, Services, Content or App and destroy all content obtained from them and all copies thereof. However, termination of the Terms of Use does not relieve you of liability arising from your breach of your obligations hereunder prior to such termination, and We reserve the right to enforce such pre-termination obligations before or after you terminate this instrument. We reserve the right, in its sole discretion, to terminate your access to or use of the Sites, Services, Content or App, including any related services or portion thereof at any time and for any reason, including, without limitation, your breach of these Terms of Use or the Related Documents.
Force Majeure
Neither party will be liable to the other for the operation of the Sites, Services, Content or App or for preventing performance for any cause beyond the control of the parties, including, without limitation, natural disasters, wars, riots, labor disturbances, or failure of publicly available communications channels.
Applicable Law
For residents of the United States, these Terms of Use are governed by and will be construed in accordance with the laws of the state of Oklahoma, without regard to principles of conflicts of laws. For residents outside the United States, these Terms ofUse are governed by and will be construed in accordance with the laws of Brazil, without regard to principles of conflicts of laws. You agree that the sole venue and jurisdiction for disputes arising from these Online Terms, the Sites, Services, Content orApp shall be the appropriate state or federal court located in Tulsa County, Oklahoma, and you hereby submit to the jurisdiction of such courts. You further irrevocably and unconditionally waive any objection to the laying of venue of any proceeding arising out of these Online Terms, or any instrument or document delivered pursuant hereto or the transactions contemplated hereby and thereby in a state or federal court located inTulsa County, and hereby and thereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such proceeding brought in any 12q1such court has been brought in an inconvenient forum.
Waiver of Jury Trial
EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS, INCLUDING THE SITES, CONTENT, SERVICE OR APP, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND,THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE SITES, CONTENT, SERVICE OR APP.
Interpretation
In these Terms of Use, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms of Use, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to Sites orURLs will also include any successor or replacement Sites containing substantially similar information as the referenced Sites(s).
Waiver and Severability
No waiver by Skin Check of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Skin Check to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of theTerms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and the Related Documents, together with any applicable agreement, constitute the sole and entire agreement between you and Skin Check with respect to the Sites, Content, Services and App, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites, Content, Services and App.
No Third-Party Beneficiaries
You acknowledge that these Terms of Use benefit solely you and Us and Our respective permitted successors and assigns, and nothing in these Terms of Use, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature.
Notices
The Sites, Services, Content and App are owned and operated by Skin Check, Inc.All notices to you shall be sent to the email address you provided when registering for the Sites, Services, Content or App. Any notice provided under the Terms of Use will be deemed delivered one business day after the email is sent.You have read and agree to the Terms of Use. If you do not agree to the Terms, please uninstall and/or do not use the Sites, Content, Services or App.For questions or complaints regarding this App and the handling of information collected and any other questions or complaints, please contact Contact@skincheck.health.