Terms and Conditions – SkinScreener API (integrated into SDK)

1. INTRODUCTION

1.1 These are the terms and conditions (T&Cs) upon which you use or access our Services. We operate our service as a skin health awareness service (risk assessment of skin lesions) that individual users can access via third party applications. It is for information purposes only and is not intended as a substitute for medical or other professional advice.

SkinScreener and SkinScreener-API are registered medical devices class IIa MDR for the risk assessment of skin lesions regarding skin cancer. Therefore the instructions for use are part of the medical device and have to be adhered.

SkinScreener is not intended to replace conventional methods of early detection and assessment of skin cancer risk. SkinScreener does neither provide a diagnosis nor does it replace medical and/or therapeutic advice, diagnosis or recommendations by a specialist and is not a substitution for medical information.

1.2 The Services are provided on an “as is” and “as available” basis. We reserve the right to modify or discontinue, temporarily or permanently, any part of our Services from time to time. Where this is the case, we will let you know as soon as reasonably practicable.

1.3 These T&Cs refer to our Privacy Policy for Skinscreener API (integrated in a SDK) and for specific use cases (https://skinscreener.com/language/en/sdk-privacy/) which also apply to your use of our Services.

1.4 When accessing our Services via the third party application, additional terms and conditions may apply to your use of our services (for example Apple or Android application store terms and conditions as well as the terms and conditions of the third party application, although in the event of conflict, our T&Cs take precedence.

1.5 By accessing our Services, you confirm that you accept these T&Cs and that you agree to comply with them. We may amend our T&Cs from time to time, so every time you wish to use our Services, please check the current T&Cs to ensure you understand the T&Cs that apply at that time. If you do not agree to these T&Cs or any future variation of these T&Cs, you should immediately stop using the Services. These T&Cs were most recently updated on 11th of December, 2024.

2. CONTACT DETAILS

2.1 Our Services are owned and operated by medaia GmbH (trading as “SkinScreener and SkinScreener-API”), incorporated and registered in Austria with company number 524691f whose registered office is at Am Eisernen Tor 5/1/12, 8010 Graz, Austria. (SkinScreener, our, we, us).

2.2 To contact us, please email: support@medaia.atlassian.net

2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered with us. When we use the words “writing” or “written” in these T&Cs, this includes emails.

3. DEFINITIONS

3.1 The following definitions apply throughout these T&Cs:

(a) Third party application means a platform/application of an integrator running specific services where you can register and get access to the relevant “SkinScreener-API” service explained in clause 1.1.;

(b) Calendar Month means the duration from and including a numeric day in one month, to the day immediately preceding the corresponding numeric day in the next month (for example, from 16 July to 15 August), with the first day being the day on which you commenced your account to our services;

(c) Calendar Period: Calendar Month or Calendar Year, as the context requires in light of the duration of the initial Subscription;

(d) Calendar Year means the duration from and including a numeric day in one year, to the day immediately preceding the corresponding numeric day in the next year (for example, from 16 July 2021 to 15 July 2022), with the first day being the day on which a Subscription commences;

(e) Content means any materials and/or information which we make available to you or your Users in connection with the Services;

(f) Intellectual Property Rights means any patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

(g) Instructions for Use has the meaning given to it in clause 9.1;

(i) Services means our SkinScreener Services (especially SkinScreener API), Site, our Communication Channels and/or Subscriptions;

(m) Users, you or your means our Site users, visitors to our Communication Channels, recipients of our communications, and our users.

4. ACCEPTABLE USE

4.1 Content of the Services

(a) We make the Services available on an ‘as is’ basis and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.

(b) We may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site is accurate, complete or up to date.

(c) From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software tools and features in our sole discretion. This means the tools and features available on the Site may vary slightly from those marketed via our Site landing pages and Communication Channels. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these T&Cs and the continued use of the Services after any such changes shall constitute your consent to such changes.

4.2 Accessing the Services

(a) You are responsible for configuring your information technology, computer programmes and platform to access our Site, SkinScreener-App or SkinScreener-API.

(b) We do not guarantee that our Services, or any content contained on the Site, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons, as may the third party software providers on which we rely from time to time to keep our Services operational.

(c) In case you want to use our services you register an account in the background by creating an account with the third party application in which case you will have to provide certain information about yourself as prompted during the account registration process. This information may include (but is not limited to) your name, identification number for statutory health insurances, sex at birth, phone number, email address and date/year of birth. If you do create an account via the third party application, all the registration information which is submitted should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy. All this information can be shared with third party providers and/or other institutions (i.e. ministries of health and their subsidiaries) or companies.

(d) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of account creation processes in the third party application (e.g. when creating a SkinScreener account) or our security procedures, you must treat such information as confidential and not disclose it to any third party. If you suspect or know that someone else knows or has access to your login details you must notify us promptly at support@medaia.atlassian.net.

(e) We have the right to disable any user, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.

(f) You are responsible for ensuring that all persons who access our Site or Services through your internet connection are aware of these T&Cs and other applicable terms, and that they comply with them. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our Site or Services. If you suspect or become aware of any such unauthorised use of our Site or services (including your account, if applicable) or any other breach of its security, you shall immediately notify us of any details reasonably required in connection with such unauthorised access.

(g) Subject to Sections 5.6 and 5.7, you can delete your account at any time, for any reason.

4.3 Viruses

(a) We do not guarantee that our Site or Services will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. Accordingly, you agree not to hold us accountable for such bugs or viruses.

(b) You must not misuse our Site or Services by knowingly introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or Services, the servers on which our Site or Services are stored or any server, computer or database connected to our Site or Services. You must not attack our Site or Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. You must not reverse engineer our Site or Services.

5. SUBSCRIPTIONS TO OUR SITE OR SERVICES

5.1 In consideration of you having free access to our Site or Services, and subject to these T&Cs and any other conditions of registration highlighted during the registration process, we will grant you a non-transferable, non-exclusive, non-sublicensable worldwide licence to use the Site or Services for the duration of your valid account and according to the contract with the integrator of the third party application you agreed on. If the third party application does not allow access to our Services our Services will not be provided to you as well.

5.2 Our acceptance of an assessment order takes place once you entered our Service via a third party application and this application authorises your assessment order. Before this point, we reserve the right to reject or cancel your order.

5.3 You are solely responsible for properly cancelling or ending your account. To cancel your account, please follow the instructions by Apple App / Google Play Store or those within the third party application.

5.4 All of your data will be inaccessible via the Site or services within 30 days of cancellation or termination of your account. Except for mandatory post-market-surveillance reasons this data will be permanently deleted from backups and logs on cancellation or termination. After the post-market-surveillance period is over the remaining data will also be deleted. Once permanently deleted, you accept that the information cannot be recovered. You are therefore advised to export or otherwise ensure you have copies of back-ups of your data prior to this date.

5.5 Users agree not to attempt to get an account if they are under the age of eighteen (18), or to permit or facilitate access to our Services for anybody under the age of eighteen (18). If a user is unable to provide valid identification on request, their account will be terminated immediately.

5.6 You warrant that you shall use the Services as an individual for your own personal use. If you would like to use the Services in the course of trade, please contact sales@medaia.at and we will supply you with information and our contractual terms for use of the Services.

5.7 If you wish to terminate your account and/or Subscription for a reason set out below, you must inform us immediately in writing, at which point the account will close and/or the Subscription will end immediately.

6. THIRD-PARTY WEBSITE & RESOURCES

6.1 Where our Services contain links to other sites and resources provided by third parties (including but not limited to links to third party website content, social media channels, individuals or organisations), these links are provided for your information only. Such links should not be interpreted as recommendations that you interact with such third parties or as approval by us of those linked platforms, their products or services, or the accuracy of information you may obtain from them.

6.2 Linking to our Services

(a) You may link to our Services, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists.

(b) You must not establish a link to our Services in any websites or resources that are not owned by you, unless you have been given express permission to do so by the owner of such websites or resources.

(c) We reserve the right to withdraw linking permission at any time and in our sole discretion. If you wish to link to or make any use of our Services other than as set out in these T&Cs, please contact us.

7. LIMITATIONS ON USE OF THE SERVICES

7.1 Excepted as permitted by these T+Cs, you must not:

(a) print off, print screen, download, copy, modify, record, duplicate, reproduce, create derivative materials from, modify, frame, mirror, republish, transmit, distribute, display, share, distribute, transmit, retransmit, transfer, disseminate, broadcast, circulate or otherwise use the Content and/or the Services or any portion of the Content and/or Services, including any portion of the text, images, audio, videos, pages, structures, HTML, CSS, JavaScript or visual design elements that comprise our Services in any form or by any means (Sharing Content) without our prior written consent, except as permitted by these T&Cs;

(b) de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human readable form all or any part of the Content or the Services;

(d) use the Content and/or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs; or

(e) act fraudulently or maliciously, for example, by decompiling the Site or inserting malicious code, including viruses, or harmful data, into the Site.

7.2 Where we consent to you Sharing Content, you agree that our status as the authors of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or destroy the content and any copies thereof, at our request and in our sole discretion, as soon as practicable).

7.3 You shall not use any part of the Services in order to build a product, service or offering, whether for commercial purposes or otherwise, on your own behalf or for a third party.

7.4 Where we consent to you Sharing Content, you agree that our status (and that of any identified contributors) as the authors of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or destroy the content and any copies thereof, at our request and in our sole discretion, as soon as practicable).

7.5 You agree that we shall have the following rights:

(a) the right to terminate your access to the Site or Services (including any account you may have registered with us) without notice at any time following your unauthorised use of the Site, or your breach of these T&Cs;

(b) the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct is or may be unlawful.

8. INTELLECTUAL PROPERTY

8.1 You acknowledge and agree that unless otherwise specified, and subject to these T&Cs, we are the owner or the licensee of all Intellectual Property Rights in our content and Services, including the material published on our Site and any software, logos, branding or domains contained within or made available through the Site. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. Unless otherwise specified in these T+Cs, you are not permitted to use any such Intellectual Property Rights without the prior written consent of the owner and you may not sub-license, assign or otherwise transfer or deal in any way with the rights granted to you under these T+Cs.

8.2 These T&Cs do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.

8.3 You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Services.

8.4 By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that:

(a) your Feedback does not contain the confidential or proprietary information of third parties;

(b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback;

(c) we may have something similar to the Feedback already under consideration or in development; and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback.

9. DISCLAIMER

9.1 You are responsible for adhering to the Instructions For Use at all times during the use of the Services. We are not responsible for any failure to deliver the Services caused by your failure to adhere to the Instructions for Use.

9.2 You are responsible for ensuring images uploaded are of sufficient quality and have been captured in accordance with the Instructions for Use and the directions provided during use of the Services. Failure to do so may result in the Services being less effective or unable to be performed. We are not responsible for any failure to deliver the Services caused by defects in the images provided by you.

9.3 Although the Services can provide preliminary diagnostic data, the Services cannot and do not provide a professional diagnosis based on dermatological examination by a qualified healthcare professional. Accordingly, the Services should not be used as a substitute for visiting a healthcare professional. You should consult your dermatologist or other qualified healthcare professional regularly regarding any skin health concerns and act in accordance with their medical advice.

10. LIABILITY

10.1 If you have any questions or complaints about our Services, please contact us.

10.2 We do not warrant that:

(a) the Services will meet your specific requirements;

(b) the Services will be uninterrupted, timely, secure, or error-free;

(c) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations;

(d) the Site or services will be free of viruses or anything else which may be harmful or destructive; and/or

(e) any errors in the Services will be corrected.

10.3 You accept that we shall not be liable to you or any third party in connection with any price change, or modification, suspension or discontinuance of the Services.

10.4 You will defend, indemnify and hold us harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from or in relation to any breach by you or a User of these T&Cs, the account and/or our Privacy Policy.

10.5 All Services are supplied without a warranty of any kind (express or implied) from us. You agree that, to the fullest extent permitted by law, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct, indirect or consequential loss, however arising under these T&Cs. Accordingly, you agree not to hold us responsible for any loss or other damages which you may suffer in connection with you ordering, accessing, downloading, taking delivery of, or relying on our Services in any way.

10.6 We shall have no liability to you under these T&Cs if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, acts of God, wars, riots, civil commotions, malicious damage, epidemics, pandemics, compliance with any law or governmental orders, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms or default of suppliers or subcontractors, provided that we notify you of such an event and its expected duration (if we are aware of such event and an estimation of duration is feasible).

10.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

10.8 We exclude all implied conditions, warranties, representations or other terms that may apply to the access or use of our Services.

10.9 In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

11. DATA PROTECTION

11.1 We will only use your personal information as set out in our Privacy Policy .

12. ENTIRE AGREEMENT

12.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

12.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

12.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

12.4 Nothing in this clause shall limit or exclude any liability for fraud.

13. ADDITIONAL CLAUSES

13.1 Technical support in relation to the Services is currently only provided via email/online.

13.2 You shall not, without our prior written consent, sublicense, assign, transfer, charge or sub-contract any element of the Services or any of your rights or obligations under these T&Cs to any third party, whether with or without consideration, without our prior written consent.

13.3 Provisions of these T&Cs that expressly or by their inherent nature should survive termination or expiry of these T&Cs shall survive termination or expiry and shall continue to have effect and be binding.

13.4 If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these T&Cs.

13.5 No failure or delay by us to exercise any right or remedy provided under these T&Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.6 These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Portugal. You irrevocably agree that the courts of Portugal shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims).