1. General; Acceptance of Terms
1.1 The Miiskin App and corresponding online service found on www.miiskin.com (the “Platform”) are owned and operated by Miiskin Group ApS (“Miiskin″).
1.3 Your compliance with these Terms is a condition for your use of the Services. If you do not agree with all the Terms, do not use the Platform or Services.
1.4 Please review all the Terms carefully before using the Platform or Services.
2.1 In the Terms, “User,” “you” and “your” refer to the individual that uses the Services. “Miiskin” “we,” “us” and “our” refer to Miiskin Group ApS or Miiskin Inc or and other Miiskin company. “Party” or “Parties” shall refer to each of the User and/or Miiskin separately or jointly.
3. Services Provided – No Medical Care or Advice
3.1 Miiskin is not a health care provider and does not provide medical advice, care, and/or treatment. The Services allow you to upload images of skin conditions and information about your skin condition, self-monitor your skin conditions and moles, and seek educational information. The Services cannot and should not substitute for consultations with your health care provider(s). Patients should contact their health care provider directly for all questions concerning their medical care.
3.2 Our Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on our Services. If you believe you are experiencing an emergency, call 9-1-1 (or the corresponding telephone number for medical emergencies in your country) immediately.
4. Miiskin PRO
4.1. In some cases, healthcare providers such as dermatology practices, primary care clinics, hospitals, cancer centers, etc. (“Medical Group”) contract with Miiskin to use Miiskin PRO software as a service and resource to support clinical decision-making.
4.2. Users may opt in to submit their images and related information to a selected Medical Group. The use of these additional services may be subject to additional terms (such as, without limitation, the terms in the Authorization for Disclosure of Information to Health Care Providers) and/or payment of fees.
4.3. The use of Miiskin PRO by the User or the submission of an image or other information to a Medical Group does not constitute a medical evaluation or visit. Medical Group does not have an obligation to treat or deliver healthcare through this service to the User.
4.4. Medical Group reserves the right to decline review of submitted images that are of poor resolution quality, beyond digital recognition, inappropriate or offensive in nature, or out of scope in complexity for which this clinical support resource was intended.
4.5. Miiskin provides the Miiskin Pro Services in accordance with the Medical Group HIPAA Notice of Privacy Practices and the HIPAA Business Associate Agreement between Medical Group and Miiskin, in addition to these Terms. To the extent the Terms conflict with the Medical Group HIPAA Notice of Privacy Practices or the HIPAA Business Associate Agreement between Medical Group and Miiskin, the HIPAA Notice of Privacy Practices and the HIPAA Business Associate Agreement shall prevail.
6. No Users Under Eighteen (18) Years Old
6.1. By using the Services, you represent and warrant that you are at least eighteen (18) years old and able to form legally binding contracts. If you are under the age of eighteen (18), please do not attempt to use the Services or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of eighteen (18), we will promptly delete that information. If you believe we have collected personal information from someone under the age of eighteen (18), please Contact Us.
7. Family account
7.1. 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 must 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. By creating a family account and uploading images of a spouse, child, or other household member, you represent and warrant that you have obtained the prior consent from the spouse, children, or other members of your household.
7.2. If a spouse or members of your household want to use Miiskin Pro to submit images and related information to a selected Medical Group, each individual will need to create their own account to do so. Accounts are only available for users age 18 years or older.
8. Ownership of the Platform
8.1. The Miiskin Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Miiskin, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
8.2 These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
8.3 You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Miiskin without our express written consent.
8.4 You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes without express written consent of Miiskin.
8.5 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Miiskin. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
9. Access to the Services, Security, and Restrictions
9.1. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the User is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
9.2. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
9.3 Violations of system or network security may result in civil or criminal liability. Miiskin will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
9.4 Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of information, those protocols could fail causing a breach of privacy of your health information.
9.5 The functionality of the Services permits Users to share the User’s images and related information with a third party or the public generally via a weblink. The User understands that images or information shared by the User via such functionality may no longer be private.
10. Your Account; Passwords
10.1. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
10.2 In the event access to the Platform or a portion thereof is limited requiring a user ID and password (or other means of authentication) (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Miiskin at any time with or without cause. You agree to defend, indemnify, and hold Miiskin harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
10.3 Miiskin reserves the right, in its sole discretion, to terminate your access to all or part of the Platform or Services, with or without cause, and with or without notice.
11. Subscription Fees and Payment
11.1. You may enter into a subscription agreement or other Service Agreement with Miiskin Group ApS or Miiskin Inc or another Miiskin company authorized to act as our legal representative.
11.2. All fees are quoted in US Dollar unless otherwise indicated.
11.3. All fees are quoted including applicable Danish VAT, but we may have to add additional VAT which will be displayed to you before you accept your payment.
11.4. Some of the functionality or access to our Services may have fees associated with them, making them a Paid Service. You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. The applicable fee may be a one-off payment or it may be a periodic fee (subscription). All fees are paid in advance and are drawn from your selected payment method upon your acceptance of a Paid Service. If you enter into a subscription with us, you will be asked to accept that your right to withdraw is waived as your access will commence right after you have paid.
11.5. You may be entitled to a free trial for a Paid Service for the nominated period. You may be required to select and enter your payment method in order to register for a free trial or purchase it though the applicable app store, where separate terms may apply.
11.6 The applicable Paid Service will automatically commence, and your selected payment method will be charged for the agreed free at the end of the free trial unless you have cancelled the Paid Service before the end of the trial. You cancel a trial period by logging into your account or by logging into your app store account, and cancel the subscription for the Paid Service in question.
11.7 Any subscription you subscribe to will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing for the next periods (month, quarter or year) subscription fee.
11.8 You accept that functionality may be turned into a paid service with a reasonable notice that will not be less than three (3) months.
11.9 You also accept that functionality may be taken down or changed with a reasonable notice.
12. Country Specific Regulation
12.1. United Kingdom (“UK”): When using our Service in UK you acknowledge and accept that (I) United Kingdom National Health Service (“NHS”) Digital is not responsible in any way for the delivery or function of the Services; (II) that the Services are not being provided to the end user as a NHS public sector delivery; and (III) Miiskin and the Services are not associated with or endorsed by any part of the NHS.
12.2 The Services may not be available in your country or state. Accessing the Platform or Services from jurisdictions where content is illegal, or where we do not offer the Platform or Services, is prohibited.
13. Exclusion of Warranties and Liability
13.1. You are responsible for your use of the Platform and Services. We do not warrant that the Platform and Services will always be accessible.
13.2. You are solely responsible for having a proper examination of your skin by a qualified health care provider. You accept that we do not offer advice on any possible skin condition and do not render any medical treatment or 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.
13.3. Although we attempt to ensure the integrity and accuracy of the Platform, we makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Miiskin shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
13.4 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, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. 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.
13.5 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.
13.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIISKIN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
13.7 We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Miiskin website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Miiskin website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
15. Limitation of Liability
15.1 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF MIISKIN AND OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS, TO YOU OR ANY THIRD PARTIES IS 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.
16. Electronic Communications
16.1 When you use the Platform or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on the Platform or by other electronic means. You agree that (a) all agreements and consents can be signed electronically and (b) all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform and Services until you provide the information to us as requested.
16.2 Miiskin uses push notifications to send you notifications, such as reminders to follow up with your regular skin checks. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications in the device settings of your mobile device. If you choose not to receive push notifications, then you will still receive in-app notifications within the mobile application.
16.3 By providing your mobile number, you are agreeing to be contacted by or on behalf of Miiskin at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform or Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform or Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
16.4 Miiskin, is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please Contact Us.
17. Right to Modify Terms
17.1 In its sole discretion, Miiskin may modify any of the Terms at any time by posting them on the Service at least thirty (30) days’ before they become effective. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound.
17.2 If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Platform and Services. Your continued use of the Platform and Services after revisions to these Terms shall constitute your agreement to the revised Terms.
17.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
18. Agreement; Assignment; Miscellaneous
18.1 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.
18.2 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. 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.
18.3 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. The section titles in the Terms are solely used for the convenience of the Parties and have no legal or contractual significance.
19. Contact Us
Miiskin Group ApS
Updated: October 13th 2022.