Terms and Conditions

TERMS AND CONDITIONS

for the SkinScanner product

by Dermus Limited Liability Company

Effective from: 12 June 2024

Please read these Terms and Conditions (“T&C”) carefully before You (either as a Customer or a User) purchase or use the SkinScanner product.

A. IMPORTANT INFORMATION

The SkinScanner product is produced by Dermus Limited Liability Company (registered with the Company Registry Court of Budapest-Capital Regional Court under registration number 01-09-332432; registered office: H-1114 Budapest, Kanizsai utca 2-10. C. ép. 2. em. 11., Hungary; tax number: 26566342-2-43; EU VAT number: HU26566342; hereinafter: “Dermus”) which the Customer/User can contact via regular mail (H-1116 Budapest, Sopron út 64., Hungary) or e-mail (sales@dermusvision.com, support@dermusvision.com).
The SkinScanner consists of the hardware “SkinScanner Device” (or the “Device”) and the software “SkinScanner Capture” (an image capturing web application). The Device is made up of the “DG-HFUS Unit” (a portable dermoscopy-guided high-frequency ultrasound skin scanner), connected to the “Mobile Computing Unit” (or the “MCU”, a compatible and customized Android smartphone).
Conditions of use: The SkinScanner Device and the SkinScanner Capture can only be used together, and only if the respective Membership Fee of the SkinScanner Capture is settled. The DG-HFUS Unit must be registered online with Dermus (at https://dermus.app or https://skinaid.app ), by creating a user account, in order to use the scanning function of the Device.
‘No set-off’ and ‘no refund’ policies apply regarding the purchase of the SkinScanner Device and the Membership Fee.
“Intended Use” means the proper and reasonable use of the SkinScanner (and its related services) in accordance with (a) the T&C and the current classification of the Device, (b) the “Instructions of Use” (as disclosed by Dermus via its customer service platforms in the form of e.g., instruction manuals, training demos, recommended accessories, configuration settings and software updates), (c) the due care and expertise of the User, and (d) the Local Legal Regulations.
“Local Legal Regulations” means the relevant statutory, official and professional provisions and protocols applicable at the place of using the Device, save for the respective European Union legislation.
The SkinScanner Device must be used in line with the Intended Use. Dermus excludes all liability for using the SkinScanner Device in a manner which is beyond or contrary to the Intended Use.
Dermus warrants that its own business activities and the SkinScanner (as a product) comply with the respective European Union legislation and the Hungarian laws. Dermus makes no warranty that the use of the SkinScanner complies with the Local Legal Regulations.
Dermus has the right to restrict the Customer’s access to the SkinScanner Capture if the respective Membership Fee is overdue. In such a case, the SkinScanner Device cannot be used as a standalone device, and the User is not entitled to exercise their rights (save for warranty rights for repair and replacement) as set out in the Agreement. The User remains bound by the obligations of the Agreement in such case.
Qualification of the SkinScanner:
The SkinScanner Device currently qualifies as a non-MDR certified Device (SkinScanner Universal or SSU) and can only be used for certain pre-clinical, clinical and cosmetic purposes. The SSU can only be used by the User if they comply with the relevant statutory provisions and professional standards which are applicable to the User during the use of the SkinScanner SSU. The SSU may be upgraded to a MDR certified Device (i.e., SkinScanner Medical or SSM) in accordance with the standards of the (EU) Regulation 2017/745 of the European Parliament and of the Council on medical devices (the “EU MDR”). The additional module “SkinAid Catalog” of the SkinScanner Device also currently qualifies as a non-MDR certified Device. The upgrade of the SkinScanner Device to SSM device (once available)is subject to separate terms and pricing of Dermus, whilst its additional modules are expected to remain non-MDR certified
By accepting the T&C, the Customer acknowledges that it has adequate authorization and power to enter into the SkinScanner purchase and license agreement (the “Agreement”) with Dermus.
1. The Agreement includes the T&C and any supplementary terms specified in the purchase order (i.e., the order form) by Dermus and the Customer (hereinafter jointly as the “Parties”).
2. Matters not regulated by the supplementary terms are governed by the T&C under the Hungarian laws.
By accepting the T&C, the User acknowledges that:
1. the User (as a natural person of legal age with full legal capacity) has understood and agreed to the T&C and the terms of the Intended Use, and the User’s acceptance of these terms is not limited,
2. the User registered data to register is true, correct and up-to-date, and
3. the breach of the T&C and the terms of the Intended Use may result in the suspension/deletion of the Account and/or the termination of the Agreement.
Purchase from distributors: Further terms (and/or provisions different from the T&C) may apply to the Agreement if the Customer purchases the SkinScanner product from one of Dermus’ licensed distributors, e.g.,
1. the purchase price of the Device and the Membership Fee must be paid directly to the respective distributor, in which case the title of the Device is transferred to the Customer from the distributor,
2. the shipping of the Device to the Customer is managed by the distributor,
3. warranty claims must be reported to the distributor,
4. the defective Device is collected by the distributor for repair.
Neither the T&C, nor the entire Agreement creates any joint venture, business- or agency-related partnerships, or any healthcare-related relationship between Dermus and the Customer, the User or their patients.
Unless stated otherwise,
1. “online platforms” refer to the websites operated by or in favour of Dermus (e.g., http://dermusvision.com , dermus.app and skinaid.app),
2. “e.g.” means “e.g., but not exclusively”,
3. “including” means “including but not exclusively”.
4. “in writing” or “written” includes documents in electronic form if affixed with the Party’s authentic e-signature or documents,
5. “immediately” means “within 2 (two) working days maximum”,
6. “without delay” means “within 5 (five) working days maximum”.
  
  B. ORDER AND DELIVERY OF THE DEVICE
The hardware components (DG-HFUS Unit and MCU) of the Device cannot be bought separately.
The quotation presented by Dermus can be withdrawn by Dermus without a reason before being accepted by the Customer. Supplementary terms of the quotation (including prices and shipping conditions) are valid on the manufacturing or storage area of Dermus (EXW parity) within the expiry of the quotation.
Shipping terms.
1. The estimated shipping date (“ESD”), as communicated by Dermus, is calculated from the date of settling the invoice (or proforma invoice) of Dermus regarding the order.
2. The ESD is for information purpose only and may change due to manufacturing, storage or external circumstances. Dermus does not assume liability for shipping the SkinScanner Device beyond the ESD but will inform the Customer thereof without delay, and will make reasonable efforts to provide timely delivery.
Delivery on-site.
1. The Device may be delivered in person to the Customer, provided that the Agreement is signed by the Parties and the Customer settles the total amount of the order at once.
2. Neither the shipping terms of the T&C, nor any shipping costs apply in this type of delivery.
Transfer of ownership. The title of the Device is transferred to the Customer when the total sum of the order is credited to Dermus’ bank account.

C. SKINSCANNER CAPTURE MEMBERSHIP
“SkinScanner Capture Membership” (or “Membership”) means the non-exclusive and non-transferable license of use of the SkinScanner Capture and the copyright components of the SkinScanner Device. The Membership covers only the necessary extent of use of the SkinScanner by the Customer under the Agreement. Adaptation of the SkinScanner Capture or providing sublicense of the Membership to a third party are prohibited.
“Membership term”. The Membership is granted for 1 (one) calendar year to the Customer, and is automatically renewed annually until the Membership expires or the Agreement terminates. The Membership starts 30 (thirty) calendar days after the delivery of the SkinScanner Device provided that the current Membership Fee is settled.
“Membership Fee” means the annual license fee which must be paid by the Customer to Dermus during the Membership term in order to access the SkinScanner Capture. The Membership Fee also covers certain related services (such as customer trainings and support, necessary software updates, and unlimited data storage if used reasonable and in line with the Intended Use) and may cover further services provided by Dermus at its discretion.
The Membership is exclusively associated with the Customer’s Device with a unique serial number, which means that each Device the Customer owns, requires a separate Membership and the Membership Fee must be paid after each Device accordingly.
Review of Membership Fee. Dermus may review the Membership Fee once a year according to the annual EU Harmonised Index of Consumer Prices (HICP), as disclosed on the European Central Bank’s website (https://www.ecb.europa.eu ). The review of Membership Fee takes effect after the HICP is published and applies retroactively from the first calendar day of the actual calendar year for a period of 12 (twelve) months. Dermus is obliged to inform the Customer in writing or in a recorded manner about such fee adjustment.
Customized Membership options. Dermus reserves the right to offer customized Membership options to the Customer in the form of supplementary terms. The acceptance of a customized Membership option by the Parties is considered as an amendment to the Agreement.

D. PAYMENT TERMS
If not indicated otherwise on the respective invoice (or proforma invoice) issued by Dermus, the Customer shall settle all current payments in advance of the applicable event (e.g., the delivery of the Device or the renewal of the Membership Fee). All payments must be settled free of any transaction fees and in line with the invoice of Dermus.
The invoice is considered settled after the total sum indicated therein has been credited to the bank account of Dermus or has been paid in cash to the representative of Dermus.
Overdue payment. Dermus has the right to apply default interest pursuant to Hungary’s Act V of 2013 on the Civil Code (Civil Code) if the Customer’s payment is overdue. In such a case, Dermus is entitled to offset the Customer's upcoming bank transfer against its earliest debt.
1. DERMUS has the right to suspend the Customer’s access to the SkinScanner Capture if the payment of the respective Invoice remains overdue exceeding 30 (thirty) calendar days.
2. DERMUS reserves the right to pursue legal claims against the Customer in connection with any such overdue or unsettled payment.
No set-off policy. The Customer is not entitled to apply any set-off, nor to withhold or object against any payment obligations under the Agreement.
No refund policy. The Membership Fee already settled for the respective Membership term cannot be refunded if the Membership is cancelled or the Agreement terminates in the meantime, nor if the Device cannot be used due to repair or the temporal unavailability of the SkinScanner Capture. The Customer is not entitled to compensation of any kind in such cases.

E. COSTS
Delivery costs. The Device is delivered to the Customer after purchasing at the Customer’s risk and expense. Dermus shall reimburse the Customer’s respective expenses if Dermus recalls the Device provided that the Customer has returned the Device in accordance with Dermus’ instructions.
Local fees and taxes. The Customer shall pay all local fees (e.g., taxes, customs, costs of local registration, compliance, storage, operation, including data traffic fees, etc.) payable to third parties in connection with the purchase and use of the SkinScanner Device and the SkinScanner Capture Membership.

F. REGISTRATION
“User” means any natural person who is engaged in business with the Customer regarding the purchase and/or use of the Device and/or the Membership (e.g., employees, agents, subcontractors), and for whom the Account is created.
Creating an account. The Customer/User may create multiple Accounts paired with a single Device and its respective unique serial number.
1. The registration form informs the Customer if the input data is incorrect or if the respective field must be filled in.
2. Dermus does not verify the authenticity of the User registration data or any statement the User makes when registering the Device. The User must update their Account details within 3 (three) working days of any change in their User registration data.
3. The registration of the Account must be confirmed by using the verification link sent by e-mail by Dermus to the User’s e-mail address.
Security. The User must use strong passwords and secure internet connections when using the SkinScanner. The User is prohibited from giving access to their Account to a third party or the public. Any unauthorized or unusual activity detected by the User regarding the Account must be reported to Dermus without delay.
Deletion of Account: The deletion of Account means the terminations of the Agreement.
1. Dermus has the right to delete the Account with prior notice in case of unauthorized (or illegal) use of the Account.
2. Dermus has the right to delete the Account if the respective invoice of Dermus remains overdue by the Customer exceeding 90 (ninety) calendar days.
3. Dermus deletes the Account with prior notice if the Agreement terminates, or if the deletion is mandatory due to statutory provisions or judiciary injunctions.
4. The User is entitled to delete the Account at any time. The User is solely liable for the timely export of the Captured Data. Dermus is not obliged to grant access to the Captured Data if the respective time limit for exporting the Customer Dataset (as set out in the T&C) has elapsed.
  
  G. USE OF THE SKINSCANNER
The User must contact Dermus in case of doubt regarding the practical meaning of the Intended Use or the extent of use of the SkinScanner. Under no circumstances may the User modify, disassemble, back engineer, reproduce the Device or replace any of its components.
“Captured Data” means the optical and ultrasound images recorded of human or animal skin by the Device together with their associated metadata. The Captured Data (or any messages sent by the User to Dermus) must not contain the following types of data:
1. personal data (within the meaning of the GDPR: the General Data Protection Regulation 2016/679 of the European Parliament and of the Council) or any data which has been recorded without the informed consent of the data subject,
2. data which may infringe the Local Legal Regulations or violate a third party’s right,
3. data which is considered indecent, obscene or otherwise contrary to accepted moral standards.
Dermus reserves the right to anonymize, erase or restrict access to the Captured Data which have been recorded contrary to this chapter without the Customer/User being entitled to compensation of any kind.
Maintenance of service. Dermus has the right to temporarily restrict access to the SkinScanner Capture or limit/disable its functions due to maintenance, improvement, mandatory statutory provisions or judiciary injunctions or force majeure events. Dermus will inform the User of such restrictions in advance if possible.

H. LENDING OF THE DEVICE
The Device can be lent directly from Dermus for nonprofit use for trial (e.g., testing, research, clinical, scientific etc.) purposes in order for the potential future purchase of the Device by the Customer.
Ownership of the Device. The title of the Device lent remains with Dermus.
Lending fee. The lending fee (or the Membership Fee, if applicable) cannot be offset against the future payment of the Device’s purchase price or its related Membership Fee (i.e., as down payment or earnest money). The lending fee must be paid in accordance with the Payment Terms of the T&C.
Lending on the basis of Membership Fee. The Membership term equals the lending period for which the Membership Fee (as defined in the respective order form) must be duly paid in accordance with the Payment Terms of the T&C.
Lending free of charge. If expressly approved by Dermus, the Device can be lent free of charge in which case the provisions of the T&C regarding the payment of the Membership Fee shall not apply.
Lending period.
1. The Agreement and the Membership term (which are specifically related to the lending of the Device) terminates automatically at the end of the lending period.
2. The warranty and continuous support of the Device is limited to the lending period.
Return of the Device.
1. The Customer must return the Device (together with all accessories) to Dermus at the Customer’s risk and expense, as instructed by Dermus on the working day following the expiry of the lending period.
2. Dermus reserves the right to charge the Customer all costs relating to the shipping and the amortization of the Device.
The T&C duly applies to the lending of the Device with respect to the specific terms of this chapter.
1. Any further terms of the lending of the Device (e.g., the Parties’ expectations on the cooperation of the trial use of the Device) shall be made in writing in accordance with the Agreement under the Hungarian laws, and shall be considered as inseparable parts of the Agreement unless indicated otherwise.
2. The purchase of the Device following the lending period shall be considered as a new Agreement to be made by the Parties.
  
  I. MODULES
Dermus may add optional software modules (“Modules”) to the SkinScanner in the future which may serve different purposes of use as a free or paid service.
The Modules may be experimental in nature and may be available on an “as is” basis. Dermus excludes all liability for using the Modules.
Dermus reserves the right:
1. to modify or terminate (certain functions of) the Modules without notice provided that the actual Module does not affect the operation of the SkinScanner,
2. to change a free service to a paid service or to offer customized pricings,
3. to impose restrictions (e.g., surcharge or limited access) on the use of the Modules if the use is deemed contrary to the Intended Use.
Unless stated otherwise, the T&C duly applies to the Modules. Separate terms of the Intended Use of the Modules may apply if and when disclosed by Dermus to the User.
Limited version of SkinScanner Capture. The Customer may purchase the limited version of SkinScanner Capture subject to different terms and pricing if and when such service becomes available. Limitations may apply to the saving, export, download, measurement and other data analysis or processing features of the SkinScanner Capture. The Device can only be used with such limited version of SkinScanner Capture following the termination of the Agreement.

J . SKINAID CATALOG
“SkinAid Catalog” means the cloud-based research software module developed for the SkinScanner Capture.
The SkinAid Catalog can be accessed optionally during the SkinScanner Capture Membership term if and when it is available. The “Modules” section duly applies to the SkinAid Catalog.
Dermus Database. The User may upload all Captured Data to the SkinAid Catalog, in which case it automatically becomes part of the “Dermus Database” within the SkinAid Catalog. Dermus has the right to analyse and perform scientific research on the Dermus Database in order to improve its services and use it as reference in the course of compliance-related procedures without the Customer/User being entitled to compensation of any kind.
Customer Dataset. The User has the right to create a database from the Captured Data uploaded to the SkinAid Catalog, which is separate from the Dermus Database. The User has the right to request a one-time export of the Customer Dataset free of charge within 10 (ten) calendar days of the termination of the Agreement. The Customer/User is solely liable for the creation, content and use of the Customer Dataset.

K. WARRANTY
Warranty period: The warranty period starts on the day when the installation report of the Device is filled in and sent to Dermus.
The Customer has the right only to request replacement of the Device, and to request repair of the Device or the SkinScanner Capture.
The User must inform Dermus of the defect of the Device or the SkinScanner Capture without delay. Dermus shall investigate the User’s notice within 6 (six) working days of the receipt of the notice.
The Customer shall return the Device for inspection as instructed by Dermus. The User must cooperate with Dermus during repair.
Dermus has the sole right to repair the Device and the SkinScanner Capture. Customer may not (try to) repair the Device or the SkinScanner Capture on its own or with the assistance of a third party.
Dermus will make all reasonable efforts to repair the Device or the SkinScanner Capture in a timely manner. Dermus reserves the right to change and/or replace the defective hardware or software component of the SkinScanner with a similar component without changing the performance of the SkinScanner.
The Customer is entitled to a replacement Device at the expense of Dermus for the duration of the repair. The Customer is not entitled to non-use compensation for the duration of the repair.
The time of repair or the use of the replacement Device does not affect the current Membership term unless otherwise agreed by the Parties.

L. LIMITATION OF LIABILITY
The SkinScanner is not:
1. considered a health-related service and does not provide medical advice,
2. suitable for the treatment of a disease/symptom,
3. intended to enforce or assist patient rights,
4. intended to be used in any compliance procedure of the Customer/User under the Local Legal Regulations.
Compliance with the Local Legal Regulations:
1. Dermus shall not be obliged to assist the Customer/User in the compliance of the SkinScanner with the Local Legal Regulations.
2. The Customer/User is responsible to obtain information of the compliance requirements of the Local Legal Regulations applicable to the SkinScanner before purchasing the Device.
3. The Customer/User shall not be entitled to compensation of any kind (e.g., refund, indemnification) if the use of the SkinScanner becomes conditional, restricted, prohibited or impossible due to the Local Legal Regulations.
Any textual or visual description of the SkinScanner as disclosed by Dermus is for illustration and marketing purposes only and cannot serve as grounds for claims of any kind.
Dermus shall not be liable for any costs or damages incurred from the use of SkinScanner which contradicts the T&C or the terms of the Intended Use.
Dermus shall not be liable for loss of revenue or expected financial benefit of the Customer/User or a third party concerning the use of the SkinScanner.
Dermus shall not be liable for any costs or damages incurred from a change in the relevant statutory provisions (including the Local Legal Regulations), or from an unforeseen external circumstance beyond Dermus’ control which could not reasonably be expected to be prevented or managed (including: authority or judiciary injunctions imposed with immediate effect, malfunction of a third-party service provider, force majeure events, etc.).
Dermus shall not be liable for any costs or damages incurred due to communication problems with the Customer/User if the reason for such issue is beyond Dermus’ control (e.g., the User’s e-mail account is unavailable, or restricted by a third-party, or is set to filter Dermus’ e-mail as spam).
Dermus shall not be liable for any costs or damages incurred due to the User providing false, incorrect, or otherwise defective data.
Dermus shall not be liable for any costs charged by a third-party service provider concerning the use of the SkinScanner, or for the content or data processing of a third-party website/application which is accessible from Dermus’ online platforms.

M. INTELLECTUAL PROPERTY CLAUSE
“Dermus IP Rights” means jointly all intellectual property rights related to the SkinScanner (including all of its components and modules, such as the SkinAid Catalog), and all intellectual works (e.g., ideas, concepts, designs, registered domains, studies, research documents, marketing materials) created by Dermus or Dermus’ current or former associates (including employees, subcontractors or agents), irrespective of whether such works are protected by copyright or industrial property protection, or whether they are eligible for such protection.
The ownership of the Device IP Rights remains with Dermus. No provision of the Agreement shall be interpreted in such a way that Dermus assigns or waives the ownership of any Dermus IP Rights in whole or in part to the Customer/User or a third party.
The Customer/User shall respect the Device IP Rights and refrain from any act of infringement. The Customer/User must clearly distinguish itself from Dermus in any publications or communication stream before third parties or the public.
This chapter of the T&C shall survive the Agreement.

N. CUSTOMER FEEDBACK
Dermus welcomes all feedback on the use of the SkinScanner without the User becoming entitled to any Dermus IP Rights or revenue from the commercial production of the SkinScanner.
Dermus is not obliged to pay compensation of any kind to the Customer/User if Dermus’ own service or development shows similarities in any way with the Customer/User feedback .
Dermus reserves the right to record and share how the User uses the SkinScanner for marketing purposes on its online platforms. No information labelled by the Customer/User as confidential or otherwise sensitive will be recorded or shared by Dermus.
The Customer/User must obtain the prior written consent of Dermus if they intend to publish a statement or study on the SkinScanner, or if they intend to demonstrate or exhibit the SkinScanner to third parties or the public.

O. SELLING THE DEVICE TO A THIRD PARTY
The Customer must comply with the following provisions if it sells its Device to a third party:
1. The (seller) Customer must inform Dermus immediately if it sells the Device to a third party (i.e., to the “buyer”) so that the Membership details of the buyer (including: the unique serial number and the Account paired with the Device) can be duly associated and updated with respect to the fact that the Membership is not transferable by the Customer itself.
2. The (seller) Customer must inform the buyer of the buyer’s obligation to contact Dermus immediately after purchase in order for the buyer to duly settle the respective Membership Fee and to renew the warranty of the purchased Device in line with to the separate terms and pricing of Dermus.
Non-compliance with the previous provisions may result in:
1. the void of any and all warranty rights pertaining to the Device,
2. unauthorized use of the Account which may lead to the deletion of the Account by Dermus.
Dermus shall not become obliged by any kind of agreement or settlement which may have been concluded between the (seller) Customer and the buyer with respect of the selling of the Device.

P. TERMINATION OF THE AGREEMENT
Termination of the Agreement: The Agreement may be terminated in writing by the mutual consent of the Parties or unilaterally by 30 (thirty) calendar days' notice of either Party.
Dermus has the right to unilaterally terminate the Agreement without notice in particular, if:
1. the Customer/User is in material breach of the Agreement and they do not provide remedy within 30 (thirty) calendar days of the breach, or
2. the respective invoice of Dermus remains overdue by the Customer exceeding 90 (ninety) calendar days,
3. the tax number of the Customer is suspended or withdrawn, or
4. the insolvency or the termination without succession of the Customer is established by court.
The termination of the Agreement shall not result in the termination of the Customer’s outstanding and undisputed obligations.

Q. OTHER PROVISIONS
Effect.
1. The Agreement enters into force when the respective order form is signed by both Parties.
2. Purchase in the webshop: In case of online purchasing at Dermus’ webshop, the Agreement enters into force when the respective online order submitted by the Customer has been successfully confirmed by Dermus.
Hosting service providers. The hosting service providers to Dermus are Amazon Web Services EMEA SARL (service: Amazon Web Services; registered office: 38 Avenue John F. Kennedy, L-1855, Luxembourg; server location: Frankfurt, Germany), and Google Ireland Limited (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).
Amendment to the T&C: Dermus may amend the T&C unilaterally. Dermus will inform the Customer/User in a timely and notable manner before such change becomes effective. The amendment of the T&C is considered as accepted by the continuous use of the SkinScanner.
Amendment to the supplementary terms: The supplementary terms of the Agreement can only be amended by the Parties in writing. The Parties agree that they will negotiate in good faith to replace any provision of the Agreement held invalid, illegal or unenforceable with a valid, legal and enforceable provision which is as similar as possible in essence to the original provision. If any provision of the Agreement shall be held or made invalid by a statutory provision or a court decision, or shall be otherwise rendered invalid, the remainder of the Agreement shall not be affected thereby.
Communication: The Parties prefer to use electronic communication over regular mail. The safe receipt of e-messages must be ensured. E-messages are considered to be served within 48 hours of dispatch in the absence of delivery receipt, unless the failure of delivery is confirmed. The Party has the right to require identification if the authenticity of the sender is disputed.
Confidentiality: If applicable, Dermus remains bound by the non-disclosure agreement (NDA) which has been separately concluded between the Parties prior to or at the same time as the Agreement.
Governing law: The Agreement shall be governed and interpreted by the laws of Hungary, irrespective of the User’s registered office or place of abode. Matters not regulated herein shall be governed by the Civil Code and the provisions of the respective Hungarian law. The U.N. Convention on Contracts for the International Sale of Goods and Section § 6:63(5) of the Civil Code (i.e. business practices generally considered applicable in the given sector or has been established between the parties) shall not be applied.
Dispute resolution: In case of any dispute, the Parties must attempt to reach a settlement in an amicable manner out-of-court for which at least 30 (thirty) calendar days shall be granted with an obligation to respond to the request of each other in due time. In case the dispute remains unsettled, the Parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The number of arbitrators shall be three and the language to be used in the arbitral proceedings shall be English.
Entire agreement: The Agreement is considered to be made in writing in the English language only. The Agreement is documented by Dermus for future reference. The Agreement constitutes the entire agreement and supersedes all prior agreements between Dermus and the Customer with regard to the subject of this Agreement.

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