FN 524691 f
Am Eisernen Tor 5
1. General information
1.1. The following Terms and Conditions apply to all offers and contracts of medaia GmbH with customers in addition to the Conditions of Use of the App Stores of Google or Apple. Any conditions of the customer which deviate from these, in particular the customer’s general terms and conditions, shall not become part of the contract unless medaia GmbH has expressly agreed to them in writing in advance.
1.2. The currently valid version of these Terms and Conditions can be viewed and retrieved at any time via the link https://skinscreener.at/en/terms-and-conditions.
1.3. These Terms and Conditions apply to consumers within the meaning of the Austrian Consumer Protection Act.
2. Subject of the contract
2.1. The subject of the distance contract is the delivery of digital content – SkinScreener app – to support and monitor your skin health, to provide information about further steps in skin healthcare based on the risk assessments and to increase awareness of skin health.
2.2. The subject of this contract is not a medical service in the form of a medical diagnosis or treatment. It is not a substitute for traditional methods of skin cancer risk assessment, does not constitute a diagnosis and is not a substitute for a visit to a specialist.
2.3. It is possible to purchase individual scans or to take out an annual subscription with an unlimited number of scans. If you buy only one scan and a risk assessment is not possible, no credit will be deducted in this case and you can perform another scan.
3. Conclusion of the contract / rights of withdrawal
3.1. The contract is concluded in accordance with the terms and conditions set out in the Conditions of Use of the Google or Apple App Store.
3.2. According to Par. 11 Austrian Distance Selling Act (FAGG), you have the right to withdraw from this distance contract without giving reasons within a period of fourteen days calculated from the conclusion of the contract. The declaration of withdrawal can be made informally or by using this sample withdrawal form. It is considered to be timely if it is sent to the email address firstname.lastname@example.org or by post to medaia GmbH, Am Eisernen Tor 5, 8010 Graz, within the time period.
It is hereby pointed out that the period for exercising the right of withdrawal is extended by twelve months if medaia GmbH has not complied with the obligation to inform the consumer about the conditions, deadlines and procedure for exercising the right of withdrawal by providing the sample withdrawal form before the consumer is bound by a contract or their contractual declaration.
3.3. Consumers who conclude the distance contract for the delivery of digital content via the App Stores of Google or Apple are excluded from the right of withdrawal if:
they have expressly agreed prior to the conclusion of the contract that the performance of the contract shall commence before the end of the withdrawal period,
they acknowledge that with this consent, they lose the right of withdrawal, and
medaia GmbH has sent a confirmation of the concluded contract to the consumer on a permanent data medium, which also includes an email, from which the consumer’s consent and knowledge of the loss of the right of withdrawal is evident, including all pertinent information.
4. Contract period / termination
The duration of the contract as well as the notice periods for termination and the dates for the subscription package are based on the Conditions of Use of the App Stores of Google or Apple.
5. Terms of payment
The terms of payment are based on the Conditions of Use of the App Stores of Google or Apple.
The current prices of the individual offers can be seen directly in the App Stores of Google or Apple.
7. Changes to these conditions
Your contracts are subject to the Terms and Conditions in force at the time you enter into the contract, unless a change to these Terms and Conditions is required by law or governmental order (in which case they also apply to orders you have placed previously). If any provision of these Terms and Conditions is void, invalid or for any reason unenforceable, that provision shall be deemed severable from the remaining provisions of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
The software used is state-of-the-art in technical and medical terms and is continuously evaluated and improved by media GmbH. The images created are only evaluated by the App SkinScreener software. A diagnosis by a medical specialist does not take place. Therefore, it cannot be excluded that in individual cases, the App SkinScreener software may incorrectly evaluate skin lesions. Medaia GmbH, therefore, recommends users to have skin lesions regularly examined by a dermatologist. The use of the app does not replace an examination by a dermatologist.
medaia GmbH and its vicarious agents are only liable for wilful intent and gross negligence; this does not apply to personal injury. medaia GmbH is therefore not liable for material damage and financial losses caused by slight negligence. Furthermore, liability is excluded – except in cases of gross negligence and wilful intent – for consequential damages and lost profits.
9. Applicable law, place of jurisdiction
9.1. Austrian substantive law shall apply, excluding its conflict of law rules and the UN Convention on the International Sale of Goods. For consumers within the meaning of the Austrian Consumer Protection Act (KSchG), the statutory places of jurisdiction apply.
9.2. For consumers from another EU member state, the respectively more favourable consumer protection regulations of the respective EU member state as well as the legal jurisdiction for consumers of the respective EU member state apply.
Date: May 2020