1. General; Acceptance of Terms
1.1 The Miiskin App and corresponding online service found on miiskin.com (the “Services”) are owned and operated by Miiskin ApS (“Miiskin″).
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.
1.4 Please review all the Terms carefully before using the Services.
1.5 Please accept that the Services as such do not provide health care Services or any medical emergency service.
1.6 The Services cannot and should not substitute your regular health care provider.
1.7 THE SERVICES DO NOT PROVIDE HEALTH CARE SERVICES OR SERVE AS A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES UNLESS YOU HAVE ENABLED SUCH A FUNCTIONALITY, IF OFFERED, AND HAVE ACCEPTED ADDITIONAL TERMS REGULATING THE USE OF A HEALTH CARE SERVICE/A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES.
1.8 By using the Services, you represent that you are over the age of eighteen (18) and able to form legally binding contracts.
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 or Miiskin Inc or and other Miiskin company acting as service provider to you, “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.
4. Family account
4.1. 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 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. You may only create a family account if you have obtained the prior consent from the spouse, children, or other members of your household.
4.2. If members of your household want to use an offered health care service, they need to create their own user profile to do so.
5. The Services
5.1 The Services allow you to upload images of skin conditions, monitor your skin conditions and moles and seek information.
5.2. Miiskin does not offer any medical advice or diagnoses. We merely facilitate a possibility to self-monitor.
5.3. We may offer you certain additional services or the ability to connect to external service providers. The use of these additional services may be subject to additional or new terms and/or payment of fees.
5.4. The Services are private unless you choose to post or share the content via an open internet-based information service.
5.5. User communications are only as private or confidential as unencrypted communications.
5.6. 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. Subscription Fees and Payment
7.1. You may enter into a subscription agreement or other Service Agreement with Miiskin ApS or Miiskin Inc or another Miiskin company authorized to act as our legal representative.
7.2. All fees are quoted in US Dollar unless otherwise indicated.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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.
7.7. 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.
7.8. You accept that functionality may be turned into a paid service with a reasonable notice that will not be less than 3 months.
7.9. You also accept that functionality may be taken down or changed with a reasonable notice.
8. The right to withdrawal
8.1. 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.
9. Terms of payment
9.1. All fees are paid in advance and are drawn from your selected payment method upon your acceptance of a paid service.
9.2. Once you have obtained your full access or full access to a Publication you cannot cancel your access as delivery has commenced.
10. Country specific regulation
10.1. UK: When using our Service in UK you acknowledge and accept that (i) NHS (United Kingdom National Health Service) 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
11. Exclusion of Warranties and Liability
11.1. You are responsible for your use of the Services. We do not warrant that the Services will always be accessible.
11.2. You are solely 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.
11.3. 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.
11.4. 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.
11.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIISKIN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
12. Limitation of Liability
12.1. 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. 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.
13. Electronic Communications and Right to Modify Terms
13.1. 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.
13.2. 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.
13.3. 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.
14. Agreement; Assignment; Miscellaneous
14.1. 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.
14.2. 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.
14.3. 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.
Updated: November 27th 2020.