Terms and conditions

The agreement between SkinVision and you as a user.

  1. Introduction

Welcome to SkinVision’s website and smartphone application (Online Services), an online information and communication service provided by SkinVision B.V. (“SkinVision” or “We” or “Us”), subject to your agreement with all of these terms and conditions (“Terms”).

SkinVision may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on SkinVision Online Services. We will ask you to accept or decline the modified Terms prior to your access to the Services.

With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. You can opt-out by sending an email to info@skinvision.com

If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Websites and the Service.

From time to time SkinVision may offer website visitors the opportunity to participate in additional features or services through SkinVision Online Services. You may be required to enter into additional agreements or authorisations before you can access such features or services.

If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Service. Please review all of the Terms carefully before using the Service.

  1. Supply of Services

SkinVision provides the following Online Services:

  • the Android or iPhone smartphone application (App); and
  • the website www.skinvision.com (Website).

In order to use the SkinVision Services, as described below, you need to subscribe to the App by providing your email address as a username and creating a password. You will be asked to validate your email address within 24 hours in order to make use of the service. You can personalise your account by choosing a profile picture and by filling in the Risk Profile and Skin Type questionnaires.
Depending on the country you are residing in, and what kind of service you have selected, the SkinVision App provides the following Services:

a. SkinVision Standard

With the SkinVision Standard Service you can take photos with the manual camera; you can create folders to store your photos to track them over time; the Standard Service is free of charge.

b. SkinVision Assessment

In addition to the Standard Service described above, with the SkinVision Assessment Service you are able to take a photo with the SkinVision automatic camera that is assessed by the SkinVision algorithm for potential signs of the most common forms of skin cancer (i.e. melanoma). The assessment output can be one of three different levels of risk, namely low risk, medium risk or high risk.The accuracy of the assessment and the performed quality controls approach the level of a dermatologist.

SkinVision performs continuous quality control of the assessments with a team of algorithm and image recognition experts, in collaboration with dermatologists. The assessment does not provide a diagnosis for skin cancer or any other potential skin condition. As part of the SkinVision Assessment Service, SkinVision offers a SkinVision Expert Review for every SkinVision Assessment with the outcome high risk. The SkinVision Expert Review for High Risk Assessments is not mandatory and will only be provided, if the user gives explicit consent to this service.

c. SkinVision Expert Review

In addition to the Services described above, the SkinVision Expert Review Service provides personal advice on how to interpret the output of the SkinVision assessment and the next steps you should take. The review is performed by SkinVision’s team of algorithm and image recognition experts. The experts review the assessment of the picture of your skin lesion and the answers you provided to the questions. The expert review will not give a diagnosis for skin cancer or any other potential skin condition.

d. SkinVision Pro Services

In addition to the Services described above, with the SkinVision Pro Services you can upload photos of your lesion and permit the doctor to send you information in response to your uploaded pictures. The SkinVision Pro Services provides two options, depending on the availability of clinics in the country you are located and the country’s regulation:

  • Online Monitoring

With this Service you can share a photo or a folder of photos with your doctor and receive feedback. If you share a photo, your case is open for fourteen days. If you share a folder of photos your case is open for twelve months.

Online Monitoring is made available to you upon an invitation from your doctor, with which you have an existing doctor-patient relationship with. The Service requires an annual year subscription.

  • Teledermatology

The Teledermatology Service is available provided that the country where you are located permits teledermatology and that there is a clinic available in your country where you are located. As opposed to Online Monitoring, for Teledermatology you will not need to have an existing patient-doctor relationship. From the moment you have requested to review your photo by a doctor, your case is open for 15 days. The displayed pricing is determined by the doctor.
The Services are provided solely to you (Personal Services). No interactions within the Services create a doctor-patient relationship as defined under European laws. SkinVision is designed to support the health decisions and choices that you make for yourself. In the context of health and wellness, your decisions should always be made in conjunction with your attending physician or health care provider.

  1. Health Follow Up Policy

At SkinVision we are constantly improving our services by performing research activities. As part of the research activities we may perform randomised checks on the photos, to verify the accuracy of the assessments. In case we discover certain findings that relate to your health, we may contact you outside of our regular automated assessment in the app. We will inform you about these findings, by sending you an email to the email address you use as your username.

  1. Disclaimer

a. The Online Services of SkinVision are being provided to monitor, track and understand your skin health. The Online Services are not to be used or relied on for any diagnostic or treatment purposes and they do not replace a visit to the doctor. Any reliance by you is at your own discretion and risk.

b. The risk assessment tool within the app is provided to estimate the risk of an individual to develop melanoma (over time). It is highly recommended that you discuss your personal risk factors and results of your risk assessment with your doctor.

c. SkinVision makes no representation or warranties relating to the information contained in our Online Services. We do not warrant that the medical information on the Online Services will be available, complete, completely accurate, up-to-date or not misleading.

d. SkinVision is not involved in the conversations between you and the doctor and SkinVision does not refer you to or endorse or recommend particular doctors.

e. SkinVision shall not be liable for any acts or omissions of doctors, content in communication, or the ability of doctor to answer questions.

f. Notwithstanding the foregoing, SkinVision reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove your access to the Service.

g. We have no responsibility or liability for any kind of action that you do or do not take because of or despite of the information on the Online Services. If you are experiencing a medical emergency or you have any concern about your medical condition in any way you should seek immediate medical attention. You should not delay seeking medical advice, stop treatment, or disregard medical advice because of the information contained in the Online Services.

 

  1. Contra Indications

The online assessment is intended to determine unnatural growth in skin lesions. However, if you want to analyse a lesion, we advise you not to use the online assessment if:

  • a. You have dark skin (skin type V and VI per Fitzpatrick scale) or your skin is sun burned;
  • b. The lesion has been previously traumatised (excised/biopsied);
  • c. The skin surrounding the lesion is not intact (open sores, ulcers, bleeding);
  • d. The lesion is under the nail(s);
  • e. The lesion is very close to a (visible) area with scar(s);
  • f. The lesion and surrounding skin (<5cm) contain foreign matter (e.g. marker, tattoo, sunscreen, skin cream, powder, etc.);
  • g. The lesion is surrounded or covered by a significant amount of hair;
  • h. The lesion is on mucosal surfaces (e.g., lips, genitals)
  • i. The lesion is in a skinfold.

This advice only applies for the online assessment. The contra indications do not have to be a issue when you want to track your photos for changes or when you want to share your photo with a doctor.

  1. No Warranties

YOU UNDERSTAND AND AGREE THAT SKINVISION ONLINE SERVICES AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY SKINVISION ONLINE SERVICES IS PROVIDED ON AN “AS IS” BASIS. SKINVISION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, SKINVISION DOES NOT GUARANTEE THAT USE OF SKINVISION ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

  1. User Agreements

You agree that you will not:

  • Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
  • Use this website for any purpose in violation of local, state, national or international laws;
  • Use this site as a means to distribute advertising or other unsolicited material to any third party;
  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassive, abusive, slanderous, hateful or embarrassing to any other person or entity;
  • Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website.
  1. Fees for Services

a. In order to use the Online Services, you may be required to submit your billing and payment information via the appstore of Google Play or Apple App Store / Buckaroo . Before you are using the Online Services within the App, other then the free SkinVision Light service, user will be required to pay the amounts due as listed via the App or Website. You expressly authorize us to charge you for any amounts due using your payment information we on file. All payment information will be processed, stored, and secured by our third party payment provider Buckaroo.

b. Your annual subscription will not be automatically renewed.

9. Refund

a. As we provide you with a unique service, all paid services are non-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at info@skinvision.com.

b. Credits that you have purchased or received in your wallet are not exchangeable for money.

10. Data Privacy

a. SkinVision may (and you hereby expressly authorise SkinVision to) disclose information about you to law enforcement authorities or other government officials, as SkinVision, in its sole discretion, deems necessary or appropriate to respond to judicial, regulatory or other similar inquiries.

b. SkinVision may monitor usage of the Server to gather statistical information that it may disclose to third parties. SkinVision may also contact you for using the information you provided to provide technical support, respond to user inquiries, transmit questionnaires and offer products and services and for other purposes.

c. If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services for a period of 12 months, after which period they will be removed. You agree that this does not apply in the case of images that you have uploaded prior to termination, in respect of which you consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software.

d. Please read our Privacy Policyto understand how SkinVision is committed to protecting your online privacy.

11. Discontinuance of Services

SkinVision reserves the right to modify, discontinue, temporarily or permanently, this site, or any part thereof, at any time, with or without notice. In addition, your access to the site may be discontinued at any time if you violate the Terms of this agreement or if we determine, for any other reason, that it is no longer appropriate for you to have access to the site.

  1. Limitations and Exclusions of Liabilitya. Our liability in connection with Online Services shall be limited to (i) direct damages or (in case of insurance coverage) (ii) the amount paid under our insurance policy, unless it concerns liability:
  • for death or personal injury resulting from gross negligence;
  • for damage resulting from fraud or fraudulent misrepresentation;
  • which on the basis of the applicable law cannot be limited.b. If you choose to contact a medical professional (e.g. a dermatologist) via our Services we will not be liable for the treatment or diagnosis by the medical professional either or not partly or wholly based on information obtained from us.c. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.d. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.e. The Services are for domestic personal use only. Therefore we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.f. We will not be liable to you in respect of any loss or corruption of any data, database or software.g. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).13. Copyright and Trademark Information

The mark “SkinVision” and the geometric circles logo are trademarks and/or service marks of SkinVision. The content and design of SkinVision Online Services are protected by international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as:

  • you do not alter or modify the materials in any way;
  • you include all applicable notices and disclaimers (including copyright notices); and
  • you do not use the materials in a way that suggests an association with SkinVision or an affiliated SkinVision entity. You understand and agree that title to these materials shall not pass to you or any other user.
  1. Consumer rules

Depending on your country, consumer protection rules may apply. We recommend you to take note of these.

  1. Governing Law & Jurisdiction

These Terms are governed by the laws of the Netherlands and subject to the exclusive jurisdiction of the courts of The Netherlands (insofar as this choice of law and forum is not set aside by (super)mandatory laws of other countries involved).