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Terms and Conditions SkinVision

1. Introduction
Welcome to SkinVision's website and smartphone application (Online Services), an online information and communication service provided by SkinVision B.V. ("SkinVision" or "We" or "Us"), subject to your agreement with all of these terms and conditions (“Terms”).
SkinVision may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on SkinVision Online Services. We will ask you to accept or decline the modified Terms prior to your access to the Services.
With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. You can opt-out by sending an email to info@skinvision.com
If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Websites and the Service.
From time to time SkinVision may offer website visitors the opportunity to participate in additional features or services through SkinVision Online Services. You may be required to enter into additional agreements or authorizations before you can access such features or services.
If you do not agree with all the Terms, or if you are under the age of fourteen (14), do not use the Service. Please review all of the Terms carefully before using the Service.
2. Supply of Services
a. SkinVision provides the following Online Services:
  • the Android or iPhone smartphone application (App); and
  • the website www.skinvision.com (Website).
b. The Services are provided to you as follows:
  • you subscribe to the App and receive a SkinVision account;
  • you login to the App and fill in your account details and choose a profile picture;
  • you fill in the questionnaire in order to get an indication about your risk profile;
  • you take a picture of a lesion (mole) on your skin; the App will analyse the lesion in an instant and give you a rating;
  • you archive your picture to keep track of changes over time and share it with your doctor;
  • you can upload pictures of your lesion and permit the doctor to send you information about lesions in response to your uploaded pictures;
  • you can make an appointment with a doctor for a face-to-face consult;
  • the service of sending a picture to a doctor and receiving feedback upon your uploaded picture is made available to you upon payment of the posted fee for the Service.
c. The Services are provided solely to you (Personal Services).
3. Disclaimer
a. The Online Services of SkinVision are being provided to monitor, track and understand your skin health. The Online Services are not to be used or relied on for any diagnostic or treatment purposes and they do not replace a visit to the doctor. Any reliance by you is at your own discretion and risk.
b. The risk assessment tool within the app is provided to estimate the risk of an individual to develop melanoma (over time). It is highly recommended that you discuss your personal risk factors and results of your risk assessment with your doctor.
c. SkinVision makes no representation or warranties relating to the information contained in our Online Services. We do not warrant that the medical information on the Online Services will be available, complete, completely accurate, up-to-date or not misleading.
d. SkinVision is not involved in the conversations between you and the doctor and SkinVision does not refer you to or endorse or recommend particular doctors.
e. SkinVision shall not be liable for any acts or omissions of doctors, content in communication, or the ability of doctor to answer questions.
f. Notwithstanding the foregoing, SkinVision reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove your access to the Service.
g. We have no responsibility or liability for any kind of action that you do or do not take because of or despite of the information on the Online Services. If you are experiencing a medical emergency or you have any concern about your medical condition in any way you should seek immediate medical attention. You should not delay seeking medical advice, stop treatment, or disregard medical advice because of the information contained in the Online Services.
4. Contra Indications
The online assessment is intended to determine unnatural growth in skin lesions. However, if you want to analyse a lesion, we advise you not to use the online assessment if:
a. You have dark skin (skin type V and VI per Fitzpatrick scale) or your skin is sun burned;
b. The lesion has been previously traumatized (excised/biopsied);
c. The skin surrounding the lesion is not intact (open sores, ulcers, bleeding);
d. The lesion is under the nail(s);
e. The lesion is very close to a (visible) area with scar(s);
f. The lesion and surrounding skin (<5cm) contain foreign matter (e.g. marker, tattoo, sunscreen, skin cream, powder, etc.);
g. The lesion is surrounded or covered by a significant amount of hair;
h. The lesion is on mucosal surfaces (e.g., lips, genitals)
i. The lesion is in a skinfold.
This advice only applies for the online assessment. The contra indications do not have to be a issue when you want to track your photos for changes or when you want to share your photo with a doctor.
5. No Warranties
YOU UNDERSTAND AND AGREE THAT SKINVISION ONLINE SERVICES AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY SKINVISION ONLINE SERVICES IS PROVIDED ON AN "AS IS" BASIS. SKINVISION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, SKINVISION DOES NOT GUARANTEE THAT USE OF SKINVISION ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
6. User Agreements
You agree that you will not:
a. Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
b. Use this website for any purpose in violation of local, state, national or international laws;
c. Use this site as a means to distribute advertising or other unsolicited material to any third party;
d. Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassive, abusive, slanderous, hateful or embarrassing to any other person or entity;
e. Attempt to disable, "hack" or otherwise interfere with the proper functioning of this website.
7. Fees for Services
a. The Fees for the Online Services are stated on the Homepage of our Website. The Fees you will pay will be those stated at the time you subscribe to the Website or at the time you renew your subscription.
b. Your subscription will not be automatically renewed.
8. Data Privacy
a. SkinVision may (and you hereby expressly authorize SkinVision to) disclose information about you to law enforcement authorities or other government officials, as SkinVision, in its sole discretion, deems necessary or appropriate to respond to judicial, regulatory or other similar inquiries.
b. SkinVision may monitor usage of the Server to gather statistical information that it may disclose to third parties. SkinVision may also contact you for using the information you provided to provide technical support, respond to user inquiries, transmit questionnaires and offer products and services and for other purposes.
c. If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services for a period of 12 months, after which period they will be removed. You agree that this does not apply in the case of images that you have uploaded prior to termination, in respect of which you consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software.
d. Please read our Privacy Policy to understand how SkinVision is committed to protecting your online privacy.
9. Discontinuance of Services
SkinVision reserves the right to modify, discontinue, temporarily or permanently, this site, or any part thereof, at any time, with or without notice. In addition, your access to the site may be discontinued at any time if you violate the Terms of this agreement or if we determine, for any other reason, that it is no longer appropriate for you to have access to the site.
10. Limitations and Exclusions of Liability
a. Our liability in connection with Online Services shall be limited to (i) direct damages or (in case of insurance coverage) (ii) the amount paid under our insurance policy, unless it concerns liability:
  • for death or personal injury resulting from gross negligence;
  • for damage resulting from fraud or fraudulent misrepresentation;
  • which on the basis of the applicable law cannot be limited.
b. If you choose to contact a medical professional (e.g. a dermatologist) via our Services we will not be liable for the treatment or diagnosis by the medical professional either or not partly or wholly based on information obtained from us.
c. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
d. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
e. The Services are for domestic personal use only. Therefore we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
f. We will not be liable to you in respect of any loss or corruption of any data, database or software.
g. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Copyright and Trademark Information
The mark "SkinVision" and the geometric circles logo are trademarks and/or service marks of SkinVision. The content and design of SkinVision Online Services are protected by international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as:
  • you do not alter or modify the materials in any way;
  • you include all applicable notices and disclaimers (including copyright notices); and
  • you do not use the materials in a way that suggests an association with SkinVision or affiliated SkinVision entity. You understand and agree that title to these materials shall not pass to you or any other user.
12. Consumer rules
Depending on your country, consumer protection rules may apply. We recommend you to take note of these.
13. Governing Law & Jurisdiction
These Terms are governed by the laws of the Netherlands and subject to the exclusive jurisdiction of the courts of The Netherlands (insofar as this choice of law and forum is not set aside by (super)mandatory laws of other countries involved)