Terms and Conditions

Everything you need to know about using our website, services and what we expect in return.
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Preamble

SkinScreener is a registered CE Class IIa medical device designed to assist in skin cancer risk assessment using your own mobile device. SkinScreener should be used in addition to standard skin cancer screening and regular dermatological examinations.

SkinScreener is not intended to replace conventional methods of early detection and assessment of skin cancer risk. SkinScreener does not provide a diagnosis and in no way replaces medical and/or therapeutic advice, diagnosis or recommendations from a specialist and is not a substitute for medical information.

1. General

The following General Terms and Conditions (“GTC”) apply to all contracts between medaia and users in addition to the terms of use of the Apple App Store or Google Play Store. Any deviating terms and conditions of users, in particular the user's general terms and conditions, shall not become part of the contract unless medaia has expressly agreed to them in writing in advance. Users accept these GTC by clicking the corresponding checkbox during the registration process. The GTC in force at the time of conclusion of your contract shall apply to your contracts. The currently valid version of these GTC can be viewed and accessed at any time at the URL https://skinscreener.com/allgemeine-geschaeftsbedingungen.

These GTC apply to consumers within the meaning of the Consumer Protection Act.

To make optimal use of SkinScreener, please observe the instructions for use and the warnings.

2. Registration/authentication

2.1. Registration with medaia requires the following information: first name, last name, email address, password, date of birth/year of birth, gender at birth.

2.2. Users are responsible for the accuracy of the information provided.

2.3. By registering with medaia, you confirm that you are at least 18 years of age, have legal capacity, and have read the instructions for use.

3. Subject matter of the contract

3.1. The subject matter of the contract is the delivery of digital content—to support and monitor your skin health, to provide information about further steps in skin health care based on risk assessments, and to raise awareness of skin health.

3.2. This contract does not cover medical services in the form of medical diagnosis or treatment. SkinScreener is not a substitute for traditional methods of skin cancer risk assessment. The results do not constitute a diagnosis and are not a substitute for a visit to a specialist.

3.3. You have the option of purchasing individual scans or taking out an annual subscription with an unlimited number of scans. If you only purchase a certain number of scans and a risk assessment is not possible, no credit will be deducted in this case and you can perform another scan.

4. Contract term / termination

4.1. The contract is concluded in accordance with the terms and conditions set by the Apple App Store and Google Play Store.

4.2. The contract term, notice periods, and dates for the subscription package are based on the terms of use of the Apple App Store or Google Play Store.

4.3. You have the right under § 11 FAGG to withdraw from this distance contract within a period of fourteen days without giving reasons, calculated from the date of conclusion of the contract. The declaration of withdrawal can be submitted informally or using the sample withdrawal form (available for download). It is considered timely if it is sent within the deadline to support@medaia.atlassian.net or by post to medaia GmbH, Am Eisernen Tor 5, 8010 Graz, Austria. Please note that the period for exercising the right of withdrawal is extended by twelve months if medaia GmbH has not fulfilled its obligation to provide information 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.

4.4. Consumers who conclude a distance contract for the delivery of digital content via the Apple or Google app stores are excluded from the right of withdrawal if

  • they have expressly agreed before the conclusion of the contract that the performance of the contract will begin before the end of the withdrawal period,
  • they acknowledge with this consent that they thereby lose their right of withdrawal
  • and medaia GmbH has sent the consumer confirmation of the concluded contract on a permanent data carrier, including an email, which also indicates the consumer's consent and their knowledge of the loss of the right of withdrawal, including all information.

5. Payment terms

5.1. The payment terms are based on the terms of use of the Apple App or Google Play Store.

6. Prices

6.1. The current prices of the individual offers can be viewed directly in the Apple App Store or Google Play Store or in the app.

7. Liability

7.1. We are liable for damages in accordance with the statutory provisions. Liability for damages caused by slight negligence, except in the case of a breach of our primary contractual obligations, is excluded. The limitation of liability does not apply to damages caused by intent or gross negligence, as well as to damages resulting from injury to life, limb, health, and under the Product Liability Act.

7.2. The images created by the user are only evaluated by the SkinScreener app. The software used is state-of-the-art in technical and medical terms and is continuously evaluated and improved by medaia. There is no diagnosis by a specialist. Therefore, it cannot be ruled out that in individual cases the software may incorrectly evaluate skin lesions. Medaia therefore recommends that users have skin lesions examined regularly by a specialist. Use of the app does not replace examination by a specialist. All interpretations by SkinScreener should be reviewed by medical professionals for clinical decision-making.

8. Customer service

8.1. Our customer service team is available to answer general questions about SkinScreener and questions about its correct use at support@medaia.atlassian.net.

9. Restrictions on use

9.1. The safe and lawful use of SkinScreener is of particular concern to us, therefore users are prohibited, in particular but not exclusively, from using SkinScreener to:

  • Advertise and market other services or publish content that is offensive, harassing, harmful to minors, or otherwise illegal, or that promotes or supports illegal activities;
  • infringe the rights (including personal rights and data protection rights) of others or enter content that could lead to civil or criminal consequences under applicable law or otherwise conflict with these Terms and Conditions, or remove or alter legal notices, in particular those relating to medaia's industrial property rights;
  • decompile, disassemble, reverse engineer, copy, transfer, or otherwise exploit SkinScreener, unless permitted by copyright law;
  • automatically crawl, scrape, cache, or otherwise evaluate SkinScreener content;
  • use SkinScreener in a manner that (i) may interrupt, suspend, slow down, or impede its continuity, (ii) constitutes interference or attempted interference with SkinScreener or our IT infrastructure, (iii) redirects system resources, (iv) places a disproportionate load on our infrastructure, or (v) constitutes an attack on the security and authentication measures of SkinScreener or our IT infrastructure;
  • to transfer your own access to third parties free of charge or for a fee, in particular to rent, resell or otherwise distribute or pass on.

10. Copyright and industrial property rights

10.1. With the exception of images provided by users, all elements of SkinScreener, in particular texts, images, illustrations, as well as design and structure, are protected by medaia's copyright and industrial property rights.

10.2. Without our express consent, the user shall not acquire any right to reproduce, distribute, rent or lend, make available, send, recite, perform or present, edit, translate or otherwise exploit SkinScreener or individual elements thereof.

11. Applicable law, place of jurisdiction

11.1. Austrian substantive law applies, excluding its referral provisions and the UN Convention on Contracts for the International Sale of Goods. For consumers within the meaning of the KSchG (Consumer Protection Act), the statutory places of jurisdiction apply.

11.2. For consumers from another EU member state, the more favorable consumer protection regulations of the respective EU member state and the statutory places of jurisdiction for consumers of the respective EU member state apply.

As of July 2024

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