(“Dermus T&C”)
Dermus Limited Liability Company
Effective from: 2 January 2024
With the acceptance of this Dermus T&C, the user explicitly acknowledges and agrees to the following:
I. Definitions
a) “Agreement” means the agreement concluded by and between Dermus and Customer based on which Customer is entitled to use the Device during the SkinScanner Capture License Term.
b) “Account” means the account created either in the SkinScanner Capture or in the SkinAid Catalog web application in the course of the Registration.
c) “Service” means the use of the Device (with or without the SkinAid Catalog or other related services) by the Customer/User during the SkinScanner Capture License Term.
d) “Website” means jointly https://www.dermusvision.com/, https://dermus.app, https://skinaid.app, and any other website operated by Dermus together with its social media platforms.
II. General
Matters and definitions not regulated or specified in this Dermus T&C shall be governed by the Agreement. The User acknowledges that the breach of this Dermus T&C may result in the termination of the Agreement.
The User has examined and confirmed that the use of Service does not violate the Local Provisions and that he/she is entitled to use the Service according to the Local Provisions. Dermus is not obliged to examine whether the User is entitled to use the Service pursuant to the Local Provisions.
The User has duly obtained the prior consent of the Captured Data’s subject for using the Service if and when such consent is required under the Local Provisions.
The User undertakes to refrain from affecting the operations, functions or inherent data of the Device (including its related services and the Website).
Company information of the hosting providers:
Amazon Web Services EMEA SARL (name of service: Amazon Web Services; registered office: 38 Avenue John F. Kennedy, L-1855, Luxembourg; server location: Frankfurt, Germany);
Google Ireland Limited (name of service: Google Workspace; registered office: Gordon House, Barrow Street, Dublin 4, Ireland; server locations: Dublin, Ireland; Eemshaven, the Netherlands; Fredericia, Denmark; Hamina, Finland; St. Ghislain, Belgium).
III. Registration
6. The User is a person of legal age with full legal capacity and his/her capacity to accept this Dermus T&C is not limited in any way.
7. All data provided by the User are true and accurate, and the User has every right of disposal over such data. Dermus is entitled but not obliged to verify the authenticity of the User data. The User undertakes to inform Dermus within 3 days of any change in his/her personal data which have been provided in the course of the Registration. Dermus shall not be liable (i) for damage resulting from using false, incorrect, or otherwise defective data provided by the User; or (ii) in case the Registration (or the communication with the User otherwise) has not been successful due to reasons being outside the control of Dermus (e.g., the User’s e-mail service is unavailable, incoming e-mails are labelled as spam).
8. The User undertakes to use strong passwords and secure internet connections under all circumstances, and will apply appropriate data protection measures when using the Service. The User undertakes not to give access to his/her Account login details to a third party. The User will notify Dermus without delay in case the User has detected unauthorized or unusual activity regarding the Service or the Account.
IV. The use of the Service
9. The User undertakes not to make use of the Service for his/her own benefit in any way beyond the scope of the SkinScanner Capture License Term, the Intended Use and the Agreement. The User undertakes to only make public statements regarding the use of the Service with the prior consent of Dermus. Dermus shall not be liable for any such information that has been disclosed by the User without the prior consent of Dermus. Dermus is not obliged to pay compensation of any kind to the User on the basis that an independent development of Dermus may seem similar to the idea or concept which has been shared by the User with Dermus.
10. Dermus shall not be liable (i) for any fees or costs duly or unduly charged by a third party service provider while using the Service; and (ii) for the content or data processing of any website or application that can be accessed through a hyperlink from the Website.
11. The User may not include personal data of the Captured Data’s subject in any message when communicating with Dermus. The User may not upload Captured Data to the SkinAid Catalog if (i) it contains personal data; or (ii) it is infringing under Local Provisions or violates a third party’s right; or (iii) it is considered indecent, obscene or otherwise contrary to accepted morals, decency or the Intended Use; or (iv) it has been recorded without the consent of the data subject if such consent is required under the Local Provisions. Dermus reserves the right to anonymize, erase or restrict access to the Captured Data which has been recorded and uploaded in a manner contrary to this Dermus T&C without notice, and without the Customer/User being entitled to any kind of compensation or damages whatsoever.
12. Dermus shall not be liable for any damage resulting from the use of the Service (including: data loss or quality/quantity deterioration of the uploaded Captured Data) which is caused by any unforeseen circumstance beyond the control of Dermus for which there had been no reasonable cause for Dermus to take action for preventing or mitigating the damage, including: (i) mandatory application of statutory, judiciary, regulatory provisions; or (ii) any error which has occurred with an another service provider contributing to the Service; or (iii) force majeure events.
13. The User undertakes to cooperate with Dermus in the course of repair or troubleshooting of the Service.
V. Deletion of Account
14. Dermus may delete the Account if there are reasonable grounds for believing that a circumstance, entitling Dermus to terminate the Agreement, has arisen. Dermus is entitled to suspend the Account or otherwise restrict the User’s access to the Service if there are reasonable grounds for believing that the Agreement or this Dermus T&C has been breached. The restriction of the Service will last until the case is investigated.
15. The User is entitled to delete the Account any time. The User acknowledges that following of the deletion of the Account, Dermus is not obliged to store the Captured Data uploaded to the SkinAid Catalog.