Terms of Use

July 31, 2018

The DermApp website, accessible at [www.dermapp.ch], and the DermApp web app (hereinafter: the “Site”) are owned and operated by DermApp Sàrl, CHE-231.333.119, Route de Bursinel 28, 1195 Dully, which can be contacted at [info@dermapp.ch].

1. Definitions

Terms of Use	means these general terms of use.
Provider Agreement	means the agreement signed between DermApp and the Dermatologist, under which the Dermatologist agrees to handle Evaluation Requests submitted via the Site.
Account	means the profile created by a User or a Dermatologist.
Evaluation Request	means the request submitted by a User that includes the Photo and the Questionnaire.
DermApp	means DermApp Sàrl (CHE-231.333.119), Route de Bursinel 28, 1195 Dully.
Dermatologist	means a physician residing in Switzerland, holding a dermatology specialization recognized by the Swiss Confederation, authorized to practice by a Swiss canton, and registered in the federal physician registry.
Diagnosis	means the medical opinion and corresponding recommendation provided by a Dermatologist, based on the Photo(s) and the Questionnaire submitted by the User.
Payment Data	means the information that must be sent to the Payment Provider’s Payment Interface for the transaction to be processed and verified, including the credit card details used by the User, the identity of the User or cardholder, authentication data, and the Price.
Personal Data	means any information relating to an identified or identifiable person.
Sensitive Data	means Personal Data relating to Users’ health.
Intellectual Property Rights	means any copyright, patent, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other ownership or industrial property right, whether registered or not.
Card Issuer	means the institution that issued the User’s credit card, whose name appears on the User’s bank statement, and which has a contractual relationship with the User in relation to the payment method used on the Site.
Payment Interface	means an electronic connection method provided by the Payment Provider.
Trademark	means the “DermApp” trademark as registered with the Swiss Federal Institute of Intellectual Property.
Password	means the password created to access the Account.
Username	means the name chosen by the User to access their Account.
PCI DSS	means the data security standard for the transmission, processing, and storage of credit card and/or payment data, known as PCI.
Photo(s)	means the photo(s) of the User’s Skin Condition submitted to the Dermatologist.
Payment Provider	means Six Payment Services AG.
Price	means the flat fee charged each time a User submits an Evaluation Request via the Site.
Skin Condition	means any dermatological issue requiring a Dermatologist’s opinion that prompts a User to use the Site.
Questionnaire	means the health questionnaire that the User must complete when submitting an Evaluation Request.
Refund	means the amount refunded at the User’s or Card Issuer’s request in accordance with applicable rules when canceling a transaction for which DermApp has been or was to be paid.
Service	means the service provided by DermApp to residents of Switzerland or France through or via the Site.
Six	means Six Payment Services AG (CHE-105.855.222) headquartered at Hardturmstrasse 201, 8005 Zürich.
User	means an individual residing in Switzerland and/or France, suffering from a Skin Condition and having created an Account.
Visitor	means a person visiting the Site without creating a User account.

2. Description of the Site

The Site allows a User to submit a Photo along with responses to the Questionnaire and a description of their Skin Condition to a Dermatologist so that the latter may establish a Diagnosis based on the information provided.

Only a Dermatologist can provide a Diagnosis. The Dermatologist provides the Diagnosis in their own name and under their sole responsibility.

As a result, the User acknowledges that DermApp assumes no responsibility in connection with the Diagnosis provided by the Dermatologist via THE SITE.

Under no circumstances shall DermApp be held responsible for the quality of the Diagnosis and shall not be required to reimburse the User if they are dissatisfied with the Service AND/OR to compensate the User for any damage caused by the dermatologist’s diagnosis and/or use of THE SITE.

THE USER IS EXPRESSLY WARNED THAT THE SERVICE IS NOT SUITABLE FOR URGENT SITUATIONS. IF THE SKIN CONDITION PRESENTS AN URGENCY and/or a significant degree of severity, THE USER IS ADVISED TO GO IMMEDIATELY TO THE NEAREST HOSPITAL OR MEDICAL EMERGENCY CENTER. THE USER ACKNOWLEDGES THAT NEITHER DERMAPP NOR THE DERMATOLOGIST SHALL BE HELD RESPONSIBLE SHOULD THE USER, IN A SITUATION OF URGENCY and/or significant severity, SUBMIT AN EVALUATION REQUEST VIA THE SITE RATHER THAN SEEK EMERGENCY MEDICAL CARE.

3. Acceptance of the Terms of Use

These Terms of Use set out the legal terms under which DermApp allows you to access and use the Site, whether as a User, Dermatologist, or Visitor.

By accessing and using the Site, you acknowledge that you have read and understood these Terms of Use and that you agree to be bound by them and to comply with all applicable laws and regulations. You warrant that you have the legal capacity to accept these Terms of Use. If you do not accept these Terms of Use, you must immediately stop accessing and/or using the Site.

DermApp reserves the right to make changes to these Terms of Use at its sole discretion. You will, if applicable, be notified by email, notification, or newsletter of the updated Terms of Use. You will be required to expressly consent to any changes to the Privacy Policy and/or Terms of Use that affect how your Personal and Sensitive Data are collected and/or processed. If you do not accept such changes, you are not entitled to access the Site and must immediately cease using it.

4. Registration

By the User

Using the Site as a User requires that you open an Account by choosing a Username and a Password.

You must ensure that the personal information provided during registration is accurate, complete, and fully complies with these Terms. By creating an Account, you warrant and confirm that:

you are of legal age under Swiss law (18 years);
you have full legal capacity or have received express permission from your legal representative to create an Account;
the information you have provided to DermApp in the registration form is accurate, current, not misleading, does not constitute identity theft, and is not confusing;
you do not transfer or give access to your Account to a third party;
you are solely responsible for maintaining the confidentiality of your Account and Password.

The name on your Account must match that on your official identification documents. You may update your billing address, email address, gender, and date of birth at any time via the Site.

All Evaluation Requests submitted via your Account will be stored and archived in the Dermatologist’s Account for a minimum of ten years. They will remain accessible from your Account.

The email address chosen during registration will be used by DermApp and the Dermatologist to communicate with you. Any email sent by DermApp to that address will be deemed validly received.

DermApp reserves the right to refuse to create an Account, or to block or close your Account at any time without providing reasons.

5. Password

You are responsible for the strength and confidentiality of the Password chosen during your registration, as well as for any activity conducted using your Password and Account.

You agree to immediately inform DermApp of any fraudulent use of your Password or Account, identity theft, or any other security breach, and to ensure that you log out at the end of each session.

DermApp cannot be held liable for data loss or damage resulting from your failure to comply with these Terms leading to identity theft or unlawful use of your Account.

6. Security

DermApp commits to ensuring that the systems, programs, or other elements under its control meet current technical security standards. DermApp will take appropriate technical and organizational measures to ensure the security of your Personal Data. In the event of a security breach, DermApp undertakes to inform you without delay.

Users and Dermatologists are also responsible for the security of systems, programs, and data within their own sphere of influence.

If any obligations defined in these Terms are breached, DermApp may immediately block access to the Site for the concerned Users and Dermatologists. Where applicable, DermApp reserves the right to claim damages.

7. Privacy

By using the Site, you consent to DermApp and the Dermatologists collecting, processing, and using Personal Data, Sensitive Data, and certain other information about you (e.g., time of visit, browser used, IP address, geolocation data, etc.). Such information obtained through the Site will be used solely in accordance with the Privacy Policy available at [www.dermapp.ch/privacy], whose terms are incorporated into these Terms of Use by reference.

8. Access to the Site

DermApp grants you a limited, paid, non-exclusive, non-transferable, and revocable license at any time to use the Site for your personal use only, as well as to display the Site’s content on your computer, smartphone, or tablet screen, provided you comply with these Terms of Use. Any other use is excluded without DermApp’s prior written consent.

You are authorized to use the Site only in accordance with Swiss law and any other applicable laws. You may only use the Site legally, and any illegal or inappropriate use is prohibited.

In particular, you agree not to do any of the following in connection with your use of the Site:

use or attempt to use another person’s Account or system without DermApp’s permission, or create a false or misleading identity;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
upload, post, transmit, distribute, or otherwise make available any content containing viruses, computer code, files, trojans, or programs intended to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment, or any other technology that could harm the Site or the interests and property of Users, Dermatologists, or DermApp;
copy, modify, or distribute the Site’s rights or content in any manner whatsoever;
use any Site content or information to compete with DermApp;
market any code, information, or software associated with the Site;
upload, post, transmit, distribute, store, or otherwise publicly share on the Site any Personal or Sensitive Data of other Users, Dermatologists, or third parties, without their express prior consent;
use the Site in any way that, in DermApp’s sole discretion, is undesirable, illegal, inappropriate, or restricts or limits another person’s ability to use the Site, or that may harm or create liability for DermApp, the Dermatologists, or the Users, including any pornographic, threatening, abusive, or discriminatory content;
facilitate or assist another person to engage in any of the above acts.

9. Operation of the Site

To obtain a Diagnosis, the User must complete the following steps:

Log in;
Answer the Questionnaire;
Upload three Photos of the Skin Condition;
Describe the Skin Condition as part of the Questionnaire;
Provide Personal Data;
Provide Payment Data;
Accept the Terms of Use and Privacy Policy;
Make the payment;
Submit the Evaluation Request;
Receive a confirmation email.

The User must submit three Photos with the Evaluation Request, including one from approximately thirty centimeters away and two close-ups.

The User must ensure that the Questionnaire answers and submitted Photos are of sufficient quality and resolution, and are current, accurate, and complete. The User is solely responsible for any consequences related to outdated, incorrect, or incomplete Questionnaire answers and/or Photos.

Once the Evaluation Request is submitted on the Site, all Dermatologists receive a notification. One Dermatologist then selects the Evaluation Request, and it is assigned to them. The Dermatologist must review the Questionnaire and examine the Photos. Within 48 business hours, and subject to Site overload, the Dermatologist must establish the Diagnosis and submit it to the User. This deadline may be extended, particularly in case of Site overload.

If this occurs, the User will receive an email from DermApp informing them of the delay and the reason why the Diagnosis cannot be delivered within 48 hours.

If the Dermatologist determines that an in-person consultation is necessary, that the Skin Condition requires special attention, or that there is an emergency, they will contact the User within 48 hours by phone to inform them and offer a reasonable in-office consultation. In such a case, the Dermatologist expressly reserves the right to request additional Photos.

If the Dermatologist is unable to establish a Diagnosis, especially due to an incomplete Questionnaire or poor-quality Photos, the User will be notified and invited to submit a new Evaluation Request following the same process.

Once the Dermatologist has completed the Diagnosis, it is made available to the User in their Account. The User will receive an email notification with a link to view the document after logging in to their Account.

The User is informed that the Dermatologist is only required to provide a Diagnosis and is not obligated to follow up once the Diagnosis has been delivered. Treatment of the Skin Condition is not included in the Price. The User is explicitly reminded that the Diagnosis does not replace an in-person consultation with a dermatologist.

10. Price and Payment

The User agrees to pay the Price of CHF 59.- including VAT for each Evaluation Request submitted via the Site.

The Price is due as soon as the Evaluation Request is submitted by the User via the Site.

The Price remains due if the Dermatologist is unable to establish the Diagnosis for a reason attributable to the User, such as an incomplete Questionnaire or poor-quality Photos.

By submitting an Evaluation Request, you expressly agree that the use of the Site is not covered by health and/or supplementary insurance and that the full cost will be your responsibility.

By submitting an Evaluation Request, you expressly acknowledge your payment obligation. Once the Evaluation Request is submitted, your credit card is pre-authorized and the Price is reserved for withdrawal. You are solely responsible for any fees incurred from disputing a charge made through the Site and you agree to fully indemnify DermApp in this regard.

11. Payment Terms

Once the Evaluation Request is submitted, DermApp will require the User to provide their Payment Data and billing address in order to process the payment of the Price.

Payment of the Price will be processed securely (SSL) via the Payment Provider’s Payment Interface. DermApp will use the Payment Provider’s API and comply at all times with PCI-DSS standards.

You agree to pay the Price related to the Evaluation Request and any administrative fees associated with the payment. The Price paid by the User in relation to the Evaluation Request cannot be canceled or refunded.

The Payment Provider offers real-time or near-real-time transaction processing on the internet and a highly available Payment Interface.

DermApp undertakes not to copy, retain, record, possess, or intercept Payment Data such as the credit card number (neither the first six nor the last four digits), expiration date, cardholder name, card type, Card Issuer, country of issuance, CVV code, and password used on the Payment Interface. Your Payment Data will be encrypted and transmitted to the Payment Provider’s server. Encrypted data can only be decrypted by the Payment Provider.

Your Payment Data will not be stored by DermApp. You expressly understand and agree that the Payment Provider acts as the data controller with respect to your Payment Data.

The Payment Provider will provide the payment service and take all necessary steps to comply with the verification and reporting requirements defined in the Swiss Federal Act on Combating Money Laundering and Terrorist Financing (RS 955.0).

At the Payment Provider’s request, you agree to provide any information it requires in connection with the transaction to comply with the provisions of the Swiss Federal Act on Combating Money Laundering and Terrorist Financing (RS 955.0).

As a User, you hereby authorize and consent that the Payment Provider debits (directly or indirectly through a third-party payment provider, under their terms) the Price from your credit card.

The Price will be debited using one of the payment methods listed on the Site, which may include Visa, MasterCard, TWINT, and PayPal. You will also be required to provide the Payment Provider with your billing details such as your name, billing address, and Payment Data. You must ensure that your Password and Payment Data remain confidential to prevent unauthorized use. You must immediately inform DermApp if you discover or suspect that your Password or Payment Data has been accessed or used by a third party without your authorization.

If the Payment Provider suspects a security breach concerning a User’s Payment Data, DermApp will, at the User’s request, engage an auditor approved by the Payment Provider to carry out a security check of its systems and installations and issue a report.

In certain circumstances, in addition to billing information, DermApp and/or the Payment Provider may request proof of identity and information about the funds used to pay the Price. Payment details may also be requested from the Payment Provider. This information may be requested at the time of submission, during payment processing, or at any other time. DermApp reserves the right to cancel your Evaluation Request if you do not provide the required documentation.

To enable the Payment Provider to comply with legal requirements—including those related to counterterrorism, financial services, anti-money laundering, and TPPP diligence obligations—DermApp and/or the Payment Provider may request any User to provide the transaction background, economic context, and/or the actual beneficiaries of the transaction processed via the Site (“Financial Data”). The Payment Provider has the right to regularly access all Financial Data collected by DermApp related to transactions carried out through the Site.

As a User, and upon DermApp’s request, you agree to promptly provide DermApp with any information required by the Payment Provider in relation to a transaction conducted through the Site.

The Dermatologist will be paid in accordance with the provisions of the Provider Agreement entered into between the Dermatologist and DermApp.

12. Cancellation and Refund

The cancellation conditions applicable to Evaluation Requests will be detailed when the User submits their Evaluation Request.

Our cancellation policy is as follows:

Users: once the Evaluation Request is submitted through the Site, it cannot be canceled.

Dermatologists: once the Evaluation Request is selected, the Dermatologist must handle it and provide the Diagnosis in accordance with Article 9 above. The Dermatologist cannot cancel the processing of an Evaluation Request once it has been selected and assigned. In the event of force majeure or if the Dermatologist is otherwise unable to process the Evaluation Request, they must immediately inform DermApp by email at [info@dermapp.ch]. The Dermatologist shall compensate DermApp for any direct or indirect costs and/or damages (including Refund costs, legal and attorney fees) incurred by DermApp due to the cancellation.

DermApp: DermApp reserves the right to cancel an Evaluation Request at any time for security or fraud prevention reasons. In such cases, the Dermatologist will be informed by DermApp that the Evaluation Request has been canceled. If the Dermatologist has already worked on the Evaluation Request or completed a Diagnosis, they will not be paid.

DermApp will not issue any cash refund to the User.

In case of cancellation, DermApp reserves the right to refuse any Refund if it is prohibited by applicable law or does not meet the conditions set forth in these Terms of Use or those of the Payment Provider.

In the event of fraudulent or unauthorized use of the User’s credit card by a third party, most card issuers bear the risk and cover all resulting costs from such fraud or abuse, which may incur fees. DermApp disclaims all liability for any costs the User may be required to pay following the submission of an Evaluation Request via the Site. Please refer to the policies of the Payment Provider and the card issuer on this matter.

You hereby expressly agree not to dispute a payment processed by the Payment Provider without valid reason. If you unjustly dispute a payment, you expressly agree to indemnify DermApp for any direct and indirect damage, costs, and/or fees (including chargeback fees, attorney and court costs) incurred due to such unjustified dispute.

To prevent abuse on the Site and/or false or misleading Evaluation Requests, DermApp reserves the right to cancel an Evaluation Request if the User cannot be contacted using the contact information provided. There is no right to obtain a Diagnosis through the Site.

13. Anti-Fraud Checks and Verification

DermApp will ensure that all data required by the Payment Provider to process the payment, including data for anti-fraud checks and verifications, are provided to the Payment Provider. You expressly agree to provide DermApp, upon first request, all data required for processing your Evaluation Request.

All transactions processed by the Payment Provider will be verified, and a series of checks will be carried out by the Payment Provider.

14. Relationship Between Dermatologist and User Only

DermApp merely provides the Site for the benefit of Users to submit Evaluation Requests to Dermatologists, and for Dermatologists to provide Diagnoses online in exchange for compensation. The Diagnosis is the sole responsibility of the Dermatologist. By submitting an Evaluation Request, the User enters into a contractual relationship exclusively with the Dermatologist.

In particular, DermApp shall not be liable for any contractual breach, legal infraction, or any other potential liability arising from the relationship between the User and the Dermatologist.

15. Termination

DermApp may, at its sole discretion and without liability to you, with or without cause, with or without notice, at any time remove your access to all or part of the Site, and deactivate or delete any of your Accounts and all related information. DermApp may, at any time and at its sole discretion, edit, modify, remove, or delete any content it has published or that you have posted on the Site and terminate your access to the Site.

You agree that DermApp may, at its sole discretion, cancel your Password, Username, Account (or any part thereof), or your use of the Site, and remove and delete any content from the Site for any reason, including but not limited to, lack of use or if DermApp believes you have violated these Terms of Use and/or the Privacy Policy.

DermApp may also, at its sole discretion and at any time, stop providing the Site or any part of it and/or the Services, with or without notice.

You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice and acknowledge and agree that DermApp may immediately deactivate your Account and/or bar any further access to such files or the Site. Furthermore, you agree that DermApp shall not be liable to you or any third party for any termination of your access to the Site.

16. Prohibited Activities

By posting content on or through the Site, whether in your Account, in the Questionnaire, or in any similar section of the Site, you agree to comply with all applicable legal provisions and not to infringe on the rights of third parties and/or misuse and/or access Personal Data or Sensitive Data of Users and/or Dermatologists.

You expressly agree not to post on or through the Site any content or messages that:

are abusive, defamatory, libelous, or otherwise damaging to the honor or reputation of others;
are racist, xenophobic, revisionist, or denialist;
are obscene, pornographic, pedophilic, offensive, or otherwise immoral;
infringe in any way on the rights of others, including rights to privacy, image, name, human or animal dignity, child and adolescent protection, or animal protection;
infringe on intellectual property rights, including trademarks and copyrights (images, texts, photographs);
incite discrimination, hatred, violence, or the commission of a crime or offense;
are of an advertising nature, or related to propaganda, extremism, or proselytism;
are in any way false, potentially dangerous, or likely to endanger life, health, or safety of others;
are contrary to applicable laws and regulations in any way;
are for personal purposes, including requesting the Dermatologist to schedule an appointment on short notice.

You agree not to transmit through the Site any messages containing viruses or any program that could harm DermApp, Users, Dermatologists, or third parties.

You agree not to overload the server hosting the Site.

You agree not to copy the profiles and/or information or Personal Data contained in the Dermatologists’ profiles.

You are solely and entirely responsible, civilly, administratively, and criminally, for the content (texts, images, sounds, etc.) that you communicate through the Site. However, you expressly agree that DermApp may remove any content from the Site that does not fully comply with these Terms of Use or applicable legal provisions.

DermApp reserves the right, upon request from a judicial authority or third party, to disclose any information in its possession that may help identify the User, such as the IP address and time of connection, particularly in case of breach of the obligations above.

DermApp reserves the right to restrict or revoke access to the Site for any User who fails to strictly comply with these Terms of Use or applicable legal provisions.

Users and/or Dermatologists shall fully indemnify DermApp (including damage to reputation and/or image, as well as legal and attorney fees) for any direct or indirect damage resulting from prohibited activities or any unlawful acts on or through the Site.

17. Links

By the User

If you wish to establish a link to the Site, you expressly agree to: (i) not display the Site within another website; (ii) not associate the Site with any third party or third-party site without DermApp’s prior authorization; (iii) properly credit DermApp as the source of the Site referenced by the link; and (iv) ensure that the link does not imply, directly or indirectly, that DermApp endorses or supports any other website, business, or entity; and (v) ensure that DermApp and/or its activities are not portrayed in a false, misleading, defamatory, offensive, or otherwise damaging way.

Inserting a link to the Site does not authorize you to use any DermApp or third-party content, name, logo, image, or trademark without prior specific and written consent from the rights holders.

DermApp reserves the right to request the removal of any link to the Site at any time without needing to provide reasons.

You agree to destroy any content and any copy of the Site or part thereof that you have published or that is in your possession as soon as you receive such a request from DermApp.

By the Dermatologist

The Dermatologist is authorized, for the duration of the Provider Agreement, to establish a link to the Site on their own website.

In this context, DermApp grants the Dermatologist a non-exclusive, free license to use the DermApp name and Trademark.

18. Intellectual Property Rights

Intellectual Property Rights and any other proprietary rights over the content available on the Site are the exclusive property of DermApp. This includes rights over the Site and all software, layouts, and databases associated with the Site. Nothing in these Terms of Use constitutes a transfer of Intellectual Property Rights belonging to DermApp.

Users and/or Dermatologists are not authorized to use the name DermApp or the Trademark for advertising or linking purposes without DermApp’s prior written consent.

The domain name hosting the Site is the exclusive property of DermApp. Users and/or Dermatologists are not authorized to use or adopt a similar name for their own purposes.

You grant DermApp and the Dermatologists a non-exclusive, free, worldwide, unlimited, and irrevocable license to use, store, reproduce, and display the Photos you submit via the Site for the purpose of providing the Services.

19. Modification of the Service

DermApp reserves the right at any time to suspend, modify, or temporarily or permanently discontinue the Site and/or all or part of the services, with or without notice, and without compensation to Users and/or Dermatologists. You agree that DermApp shall not be liable to you or any third party for any modification, suspension, or termination of the Site or any part thereof.

Furthermore, DermApp is under no obligation to update the Site.

20. Disclaimer of Warranties

You access and use the Site at your own sole risk.

The Site and its content are provided “as is” and “as available.”

DermApp expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including but not limited to, implied warranties of fitness for a particular purpose, availability, merchantability, and non-infringement of the Site and/or its content.

You understand and agree that DermApp cannot be held liable for any unlawful conduct by Users and/or Dermatologists through or via the Site, or for incorrect Diagnoses made by Dermatologists via the Site.

DermApp makes no warranties or representations that (i) the Site and its contents will meet your requirements or be accurate, harmless, or free of risk to your health, safety, or life; (ii) the Site will be available without interruption, securely, or without error; (iii) the Diagnoses obtained through use of the Site will be accurate or reliable; (iv) any errors will be corrected; (v) Users and Dermatologists will comply with their obligations and/or applicable legal provisions.

Any material downloaded or obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material.

No information, whether oral or written, obtained by you from DermApp or through the Site shall create any warranty or obligation not expressly stated in these Terms of Use. DermApp disclaims all liability resulting from reliance placed on such materials by any User or by anyone who may be informed of any of its content.

DermApp provides no guarantee regarding the accuracy, reliability, completeness, or currency of information communicated to it by Dermatologists.

All information and indications provided on the Site may be modified or removed at any time without prior notice.

The information and content on the Site do not bind DermApp in any way and do not constitute a contractual commitment by DermApp. The photos displayed on the Site are not contractual.

21. Indemnification

You agree to indemnify and hold harmless DermApp, its partners, and employees from any liability for all losses, damages, claims, penalties, fines, costs, and expenses, including but not limited to attorneys’ fees and court costs, arising from: (i) your use or access to the Site; (ii) your failure to comply with any provision of these Terms of Use; (iii) any claim by a third party alleging that content you posted on the Site or any use of the Site by you infringes on intellectual property rights, personality rights, or privacy rights of that third party, or otherwise caused damage.

22. Limitation of Liability

These Terms of Use set forth the maximum scope of DermApp’s obligations and liability in connection with the Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, DERMAPP EXCLUDES ALL WARRANTIES AND LIABILITY IN CONNECTION WITH THE SITE AND/OR THE DIAGNOSES. IN PARTICULAR, DERMAPP SHALL NOT BE LIABLE FOR ANY HARM OF ANY KIND, INCLUDING LOSS OF REVENUE OR DATA, SUFFERED BY THE USER OR ANY OTHER PERSON, WHETHER DUE TO AN ACT OR OMISSION BY DERMAPP, A DERMATOLOGIST, OR A THIRD PARTY.

DERMAPP IS NOT AUTHORIZED TO MAKE DIAGNOSES AND SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR DIAGNOSES MADE BY DERMATOLOGISTS VIA THE SITE.

NEITHER DERMAPP, NOR THE USER, NOR THE DERMATOLOGIST SHALL BE HELD LIABLE FOR FAILURE DUE TO FORCE MAJEURE.

DERMAPP MAKES NO GUARANTEE REGARDING THE SITE AND/OR ITS CONTENT, INCLUDING THE ACCURACY, AVAILABILITY, OR LEGAL COMPLIANCE OF THE INFORMATION POSTED OR MADE AVAILABLE ON THE SITE. DERMAPP DOES NOT VERIFY, UPDATE, OR CORRECT SUCH INFORMATION. DERMAPP ALSO DOES NOT GUARANTEE THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES AND EXPRESSLY RESERVES THE RIGHT TO CEASE OPERATIONS OR TERMINATE ACCESS TO THE SITE AT ANY TIME WITHOUT NOTICE.

IN ANY CASE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DERMAPP AND ITS SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY CLAIM IN CONNECTION WITH THE USE OF THE SITE EXCEEDING THE MONETARY VALUE OF SERVICES PAID BY THE PERSON IN QUESTION THROUGH THE SITE.

ANY ACTION, CLAIM, OR DEMAND ARISING FROM OR RELATED TO THE USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF SUCH ACTION, CLAIM, OR DEMAND, OTHERWISE IT SHALL BE TIME-BARRED.

23. Force Majeure

DermApp shall not be held liable for any delay or failure on the part of the Dermatologist if such delay or failure is beyond their control or is the result of a force majeure event, including but not limited to natural disasters, government regulations, war, fire, flood, explosion, or civil unrest.

24. Transfer

You may not transfer any of your rights and obligations under these Terms of Use without DermApp’s prior written consent.

DermApp may transfer all of its rights and obligations under these Terms of Use without having to obtain the User’s prior written consent, including all Personal Data. To the extent that such consent would nonetheless be required under mandatory law, DermApp will notify the User of the transfer of its rights or obligations by email or via the Site. The User shall be deemed to have accepted the announced transfer unless they expressly object within two weeks of the notice. If the User objects, DermApp shall be entitled to terminate without notice any agreement binding it to the User that is subject to these Terms of Use.

25. Entire Agreement and Severability

These Terms of Use, the Privacy Policy, and other applicable policies, including any amendments or additions that DermApp may make at any time, constitute the entire agreement between the User and DermApp in relation to the Site. For Dermatologists, these Terms of Use supplement the Provider Agreement entered into with DermApp.

The failure of DermApp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid by a court or competent authority, only that specific provision shall be limited to the least extent possible, and the other provisions shall remain fully in effect.

26. Formal Requirements

Unless otherwise explicitly stated, any addition or amendment to these Terms of Use shall require written form. It is specified that email communication shall be sufficient.

27. Governing Law and Jurisdiction

These Terms of Use, as well as any issues arising from or related to them (including non-contractual disputes or claims and their interpretation), shall be governed by Swiss law, excluding conflict of law rules.

Any claims or disputes arising from or related to these Terms of Use (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the courts of the Canton of Lausanne, Switzerland.