MIISKIN TERMS OF SERVICE AND USE
1. General; Acceptance of Terms
1.1 The Miiskin App and corresponding online service (the “Services”) are owned and operated by Miiskin ApS (“Miiskin″).
1.2 By using the Services in any way, you are agreeing to comply with and be bound by these Terms of Service and Use including the section on Privacy and all rules, policies and disclaimers posted on the Services or about which you are notified (collectively “Terms”).
1.3 If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Services. Please review all of the Terms carefully before using the Services.
1.4 Please accept that the Services as such does not provide health care Services or any medical emergency service.
1.5 The Services cannot and should not substitute your regular health care provider unless in the specific situation where you ask for a Professional opinion on your skin condition.
1.6 If you use a family account, please make sure that your spouse are duly informed and accept the use of the Services. The same applies for children or other relatives above the age of eighteen (18).
1.7 THE SERVICES DOES NOT PROVIDE HEALTH CARE SERVICES OR SERVE AS A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES.
1.8 By using the Services, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of eighteen (18) and able to form legally binding contract.
2.1 In the Terms, “User,” “you” and “your” refer to the individual or entity that uses the Services (Customer or Professional). “Miiskin” “we,” “us” and “our” refer to Miiskin ApS, “you” or “your” refers to the person who uploads images and other personal information on the Services.
2.2 “Professional” refers to the person who provides information regarding the skin condition shown in an image posted on the Services (i.e. a medical doctor).
3.1 As some of the information that you upload to the Services/is stored in the database is high sensitive, the compliance with applicable Danish data protection laws is very important to us.
3.2 We operate The Services in compliance with the Danish Act on Processing of Personal Data and our cloud-based image database have been duly notified and approved by the Danish Data Protection Agency.
3.3 We only process personal information about you that you have submitted to us or information that has been submitted to you by a Professional that you through the Service has retained.
3.4 We process your personal information including your images with the purpose of providing you with the agreed services, to enable our Image Pattern Processing system (if and when introduced) and to provide anonymized information for research and benchmark.
3.5 We only share your information including images with Professionals retained by you.
3.6 The anonymized information is shared with research partners on an ongoing basis.
3.7 If you close down your profile with us, we will keep your profile for another 18 months were you can reactivate the profile After 18 months your profile and all data attached to it will be deleted.
3.8 If and when you close down your profile with us, we keep the anonymized data with the purpose of enabling our Image Pattern Processing system (If and when introduced) and to provide anonymized data for research.
3.9 We have implemented appropriate technical and organizational security measures to protect your information’s against accidental or unlawful destruction, loss or alteration, and against unauthorized disclosure, abuse, or other processing in violation of the provisions laid down in Danish Act On Processing of Personal Data.
3.10 You have the right to make yourself familiar with the nature of the information that we stored on you. All information concerning you can be viewed through your profile/the App.
3.11 If you use a family account, you are required to submit an e-mail or a mobile number for any family member or spouse age eighteen (18) or above so that they may verify that you are authorized to upload images of their skin and to submit additional information.
3.12 If they do not make the verification, you are not allowed to upload their images.
3.13 When a child becomes eighteen you are required to submit their e-mail or mobile number so that they can verify your continues authorization or have their information transferred.
3.14 A family member or spouse may ask for insight into the information we store on them. If they ask for insight, we will provide them with a limited access to view their own information/images.
3.15 Any information may at all times be altered or deleted by you if you do not deem it relevant. We will still store the anonymized information as mentioned above.
3.16 We reserve the right to use your information to show customized advertisements in the Services.
4. The Services
4.1 The Services allows you to upload images of skin conditions, monitor your skin conditions, seeking information, and when introduced – Professionals to offer a possible diagnose privately based on the images.
4.2 Miiskin does not offer any medical advice or diagnoses. We merely facilitate a possibility to self-monitoring and to obtain a suggested diagnose from a one of the Professionals who can be contacted through the Services.
4.3 You accept that we are only technically involved in the communication between you and the Professional and we do not refer any user to or endorse or recommend a particular Professional.
4.4 We shall not be liable for any acts or omissions of Professionals, your uploads, any communication you may have with the Professional.
4.5 We cannot ensure that you and a Professional will complete a transaction. Notwithstanding the foregoing, we reserve the right, but is not obligated, to refuse to allow upload or to remove any content and/or remove any User’s access to the Services.
4.6 The Services are private unless you choose to post or share the content via an open internet-based information service.
4.7 User communications are only as private or confidential as unencrypted communications.
4.8 We also make use of your images and the above-mentioned information for research purposes both commercial and academic.
5. No Client-Professional Relationship
5.1 POSSIBLE DIAGNOSES AND OTHER INFORMATION PROVIDED BY PROFESSIONALS VIA THE SERVICES ARE NOT FINAL AND BINDING MEDICAL ADVICE. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USE OF THE SERVICES. WE ASSUME NO RESPONSIBILITY FOR ANY RELIANCE ON POSSIBLE DIAGNOSES OR OTHER INFORMATION PROVIDED THROUGH THE USE OF THIS SERVICE.
5.2 Possible diagnoses and other information from Professionals on the Services are provided by Professionals and are to be used by you for general information purposes only, not as a substitute for in-person evaluation or specific professional medical advice.
5.3 You accept and understand that any possible diagnoses are based only on one or more pictures of your skin condition and that further examination and test may be required to be able to offer you a final diagnose.
6. Use of the Services
6.1 You agree that any content you provide on the Services and your use of the Services shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy including uploading images of skin that you are not allowed to upload (c) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7.1 Any charges for the Services or the service of a Professional will be expressly displayed and you will be asked to pay in advance (in-app purchase) if you want to make use of a paid service.
8. Exclusion of Warranties and Liability
8.1 You are responsible for your use of the Services. We do not warrant that the Services will be accessible at all times or that a Professional will have time to look at your images.
8.2 You are sole responsible for having a proper examination of your skin. You accept that we do not offer advice on any possible skin condition and do not render any possible or final diagnoseIf you self-monitor your skin, you are sole responsible for uploading images at the required intervals. Any reminder service offer by us is only offered for convenience for you and should not be relied upon.
8.3 MIISKIN SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. MIISKIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIISKIN DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE THE SERVICE, FROM THIRD PARTIES OR A LINKED SERVICE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.4 UNDER NO CIRCUMSTANCES WILL MIISKIN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, FROM THIRD PARTIES (SUCH AS PROFESSIONALS OR OTHERS) OR A LINKED SERVICE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SERVICE. USE OF THIS SERVICE IS AT USERS’ SOLE RISK.
8.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIISKIN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
Limitation of Liability
8.6 IN NO EVENT SHALL MIISKIN, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MIISKIN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) DKK 10,000. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Electronic Communications and Right to Modify Terms
9.1 You consent to receive communications from us electronically. We will communicate with you by posting notices on the Services or by other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9.2 Miiskin may modify any of the Terms at any time by posting them on the Service and giving at least 30 days’ notice before they apply.
9.3 If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Services. The latest Terms will be posted on the Services, and you should always review them prior to using the Services.
10. Agreement; Assignment; Miscellaneous
10.1 The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Miiskin employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Miiskin), the Terms will prevail.
10.2 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Miiskin’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Miiskin’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
10.3 You agree that Miiskin may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. Miiskin shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Miiskin. No delay or omission on the part of Miiskin in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
• Understand and save user’s preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.