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 do not provide health care Services or any medical emergency service.
1.5 The Services cannot and should not substitute your regular health care provider
1.6 THE SERVICES DO NOT PROVIDE HEALTH CARE SERVICES OR SERVE AS A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES.
1.7 By using the Services, you represent that you are over the age of eighteen (18) and able to form legally binding contracts,
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. “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. “Party” or “Parties” shall refer to each of the User and/or Miiskin separately or jointly.
3.1 For the purpose of this section 3 “Data Protection Legislation” shall mean (a) all applicable law and regulation in relation to data protection and/or privacy in the European Union, including Directive 95/46/EC of the European Parliament on the protection of individuals with regard to the processing of personal data, and (with effect from such time as coming into force) the EU General Data Protection Regulation (2016/679); and (b) any Danish law or regulation implementing the law and regulation referred to in part (a) or which otherwise concern data protection regulation.
3.2 The defined term “Personal Data” shall have the meaning ascribed to it in the Data Protection Legislation. Each Party shall comply with its respective obligations under the Data Protection Legislation.
3.3 Miiskin may collect, store and use the following types of Personal Data, including the information provided by you when registering with Miiskin as a User:
3.3.3 Email Address;
3.4 Personal Data submitted to us through the app will be used to conduct the Services as described in these Terms and may further be used for:
3.4.1 Research purposes by Miiskin’s research partners on an anonymized basis;
3.4.2 Marketing purposes through advertising;
3.4.3 Support functions.
3.5 Miiskin shall implement and maintain appropriate technical and organisational measures, to ensure an appropriate level of security in respect of such Personal Data, against accidental, unauthorised or unlawful loss, destruction, alteration, disclosure of or access to such Personal Data; such measures shall be implemented with regard to: (a) encryption of Personal Data; (b) back-up and disaster recovery arrangements; (c) the ability to ensure ongoing confidentiality, integrity, availability and resilience of the IT infrastructure and environment; and (d) the regular testing and evaluation of the effectiveness of such measures.
3.6 Miiskin shall limit access to such Personal Data to those of its authorised personnel who need access to it in order to meet Miiskin’s obligations under the Terms, and shall ensure that all such personnel are bound by appropriate obligations of confidentiality.
3.7 Miiskin shall ensure that all such Personal Data is kept separate from any Personal Data of Miiskin or of any other User of Miiskin.
3.8 At expense of the User, assist the User in respect of any requirement of the User to notify any Personal Data breach to any supervisory authorities.
3.9 Miiskin shall be entitled to transfer such Personal Data outside the European Economic Area in connection with the provision of the Services and the User hereby consents to such transfer. Miiskin and the User shall document any relevant contractual requirements of the User as required under applicable Data Protection Legislation to ensure compliant transfer of such Personal Data outside the European Economic Area. The Parties hereby agree that, unless the relevant transfer is to a third party based in a country confirmed as having adequate data protection safeguards by the European Commission, or unless the relevant transfer is to a US-based third party which is validly certified under the Privacy Shield they will adopt the standard contractual clauses for data export as stipulated from time to time by the European Commission.
3.10 The User hereby consents to the disclosure of Personal Data to the sub-contractors of Miiskin existing as at the date of these Terms, who require to have disclosure of such Personal Data. Miiskin hereby confirms that such sub-contractors are bound by equivalent contractual terms as those set out in these Terms. In the event that Miiskin appoints any new sub-contractor to whom Personal Data might need to be disclosed, Miiskin shall: (i) notify the User by email or via an update posted on its webpage, providing all requisite information concerning such sub-contractor.
3.11 If you close down your Miiskin profile, we will keep your profile for another 18 months during which period you can reactivate the profile. After 18 months your profile and all data attached to it will be deleted.
3.12 If and when you close down your Miiskin profile, 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.
3.13 You can change your data processing preferences at any time, including withdrawing your consent to the above. You have the right to request that we rectify, transfer to you or delete any personal information that we hold about you. Please note, if you request that we erase any personal information that we require in order to provide the Services to you, you may no longer be able to use the Services. This right does not extend to non-personal information.
3.14 In certain circumstances you have the right to object to our processing of your Personal Data. If for any reason you are not happy with the way that we have handled your personal information, you also have the right to make a complaint to the relevant data protection authorities.
4. Family Account
4.1 Family account
A family account allows a User to create separate subfolders under that User profile to upload images of the User’s spouse, children and other members of the family household. Such subfolders will not create new individual users and the images shall be uploaded on an anonymous basis, stating only the gender and year of birth of the particular family member for the purpose of the Services.
5. The Services
5.1 The Services allow you to upload images of skin conditions, monitor your skin conditions and seek information.
5.2 Miiskin does not offer any medical advice or diagnoses. We merely facilitate a possibility to self-monitor.
5.3 The Services are private unless you choose to post or share the content via an open internet-based information service.
5.4 User communications are only as private or confidential as unencrypted communications.
5.5 We reserve the right to utilize your images and the above-mentioned information for research purposes both commercial and academic. Any such utilization will be on an anonymous basis.
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 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.
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 diagnoses. If you self-monitor your skin, you are solely 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 SERVICES, 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 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.