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 la Corniche 1, 1066 Epalinges, which can be contacted at info@dermapp.ch.

1. Definitions

  • Terms of Use: refers to these general terms and conditions.
  • Service Provider Agreement: refers to the contract signed between DermApp and the Dermatologist, under which the Dermatologist agrees to process Evaluation Requests submitted via the Site.
  • Account: refers to the profile created by a User or a Dermatologist.
  • Evaluation Request: refers to the request submitted by a User, including the Photo and the Questionnaire.
  • DermApp: refers to DermApp Sàrl (CHE-231.333.119), Route de la Corniche 1, 1066 Epalinges.
  • Dermatologist: refers to a doctor residing in Switzerland, holding a specialization in dermatology recognized by the Swiss Confederation, with a valid practice authorization issued by a Swiss canton and registered in the federal medical register.
  • Diagnosis: refers to the medical opinion and related recommendation provided by a Dermatologist, based on the Photo(s) and Questionnaire submitted by the User.
  • Payment Data: refers to the information that must be sent to the Payment Interface of the Payment Provider so that they can process the transaction and perform the necessary checks, including the credit card details used by the User, the identity of the User or cardholder, authentication data, and the Price.
  • Personal Data: refers to any information relating to an identified or identifiable person.
  • Sensitive Data: refers to Personal Data related to the health of Users.
  • Intellectual Property Rights: refers to any copyright, patent, registered design, design rights, database rights, trademarks, trade secrets, know-how, or any other proprietary or industrial property rights, whether registered or not.
  • Card Issuer: refers to the institution that issued the credit card to the User and whose name appears on the User's bank statement, and which has a contractual relationship with the User regarding the payment method used on the Site.
  • Payment Interface: refers to an electronic connection method provided by the Payment Provider.
  • Brand: refers to the "DermApp" brand as registered with the Federal Institute of Intellectual Property.
  • Password: refers to the password created to access the Account.
  • Username: refers to the name chosen by the User to access their Account.
  • PCI DSS: refers to the security standard for the transmission, processing, and storage of credit card and/or payment data, known as PCI.
  • Photo(s): refers to the User's Skin Problem photo(s) submitted to the Dermatologist.
  • Payment Service Provider: refers to Six Payment Services AG.
  • Price: refers to the fixed amount charged each time the User submits an Evaluation Request via the Site.
  • Skin Problem: refers to any dermatological issue requiring a Dermatologist's opinion that leads a User to use the Site.
  • Questionnaire: refers to the health questionnaire the User must complete when submitting an Evaluation Request.
  • Refund: refers to the amount refunded upon request by the User or the Card Issuer, in accordance with applicable rules in the case of cancellation of a transaction for which DermApp has been or should have been paid.
  • Service: refers to the service provided by DermApp to individuals residing in Switzerland and France via the Site.
  • Six: refers to Six Payment Services AG (CHE-105.855.222), headquartered at Hardturmstrasse 201, 8005 Zürich.
  • User: refers to the individual residing in Switzerland and/or France, suffering from a Skin Problem, and having created an Account.
  • Visitor: refers to 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 Problem to a Dermatologist so that the Dermatologist can establish a Diagnosis based on the information obtained from the User.

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

As a result, the User acknowledges that DermApp assumes no responsibility for the Diagnosis communicated to them by the Dermatologist via the Site.

DermApp is not responsible for the quality of the Diagnosis and will not be obliged to refund the User if they are dissatisfied with the Service and/or compensate the User for any damage caused by the Dermatologist's diagnosis and/or the use of the Site.

THE USER IS EXPLICITLY ADVISED THAT THE SERVICE IS NOT SUITED FOR EMERGENCY SITUATIONS.

IF THE SKIN PROBLEM IS URGENT AND/OR SEVERE, THE USER IS ADVISED TO IMMEDIATELY GO TO THE NEAREST HOSPITAL OR MEDICAL EMERGENCY SERVICE.

THE USER ACKNOWLEDGES THAT NEITHER DERMAPP NOR THE DERMATOLOGIST ASSUME ANY RESPONSIBILITY IF THE USER, IN A SITUATION OF EMERGENCY AND/OR SEVERITY, SUBMITS AN EVALUATION REQUEST VIA THE SITE INSTEAD OF GOING TO THE HOSPITAL.

3. Acceptance of Terms of Use

These Terms of Use include the legal terms on 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 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 cease accessing and/or using the Site.

DermApp reserves the right to make any changes to these Terms of Use at its sole discretion.

You will be informed, if applicable, by email, notification, or newsletter of the new Terms of Use.

You must expressly consent to any change in the Privacy Policy and/or Terms of Use affecting how your Personal Data and Sensitive Data are collected and/or processed.

If you do not accept such a change, you have no right to access the Site and must immediately cease accessing and/or using it.

4. Registration by the User

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

You must ensure that the personal information provided during the registration process is correct, complete, and fully complies with these Terms.

By creating an Account, you guarantee and confirm that:

  1. You are of legal age under Swiss law (18 years);
  2. You have full civil rights or have received express consent from your legal representative to create an Account;
  3. The information you provided to DermApp during the registration process is accurate, current, not misleading, does not constitute identity theft, and is not confusing;
  4. You do not transfer or grant access to your Account to a third party;
  5. You are solely responsible for maintaining the confidentiality of your Account and Password.

The name on your Account must match the one on your official identification documents.

You can update your Account information related to your billing address, email address, gender, and date of birth at any time through the Site.

5. Password

You are responsible for the quality and confidentiality of the Password chosen during your registration, as well as for any activity generated by 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 of your Account at the end of each session.

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

6. Security

DermApp is committed to ensuring that the systems, programs, or other platforms under its influence meet the current state of the art in terms of security.

DermApp will take sufficient technical and organizational measures to ensure the security of your Personal Data.

DermApp will take enhanced technical and organizational measures to ensure the security of your personal data.

In case of a security breach, DermApp commits to informing you without delay.

Users and Dermatologists are required to ensure the security of the systems, programs, and data within their sphere of influence.

In case of a violation of the obligations defined in these Terms and Conditions, DermApp may immediately block the access of the Users and Dermatologists involved.

If applicable, DermApp reserves the right to claim damages.

7. Privacy

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

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 needs only, as well as to display the content of the Site on your computer screen, smartphone, or tablet, 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 compliance with Swiss laws and any other applicable laws.

You may only make legal use of the Site, and any illegal or inappropriate use is excluded.

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

  • Use or attempt to use another person's Account or system without DermApp's authorization or create a false or distorted identity;
  • Distribute or post spam, unsolicited or bulk emails, chain letters, or pyramid schemes;
  • Upload, post, transmit, distribute, or make accessible in any other way content containing viruses or any other computer code, documents, Trojans, or programs that are intended to interrupt, destroy, or limit the functionality of any software, hardware, telecommunication equipment, or any other technology that could damage the Site or the interests and property of Users, Dermatologists, or DermApp;
  • Copy, modify, or distribute the rights or content of the Site in any form;
  • Use any content or information from the Site to compete with DermApp;
  • Market any code or information or software associated with the Site;
  • Upload, post, transmit, distribute, store, or otherwise make publicly accessible 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, at DermApp's sole discretion, is undesirable, illegal, inappropriate, or that restricts or limits the ability of others to use the Site, or that may harm or hold DermApp, Dermatologists, or Users liable, including any pornographic, threatening, abusive, or discriminatory content;
  • Facilitate or assist another person in performing any of the above actions.

9. Operation of the Site

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

  1. Login;
  2. Respond to the Questionnaire;
  3. Upload three Photos of their Skin Problem;
  4. Describe the Skin Problem in the Questionnaire;
  5. Provide Personal Data;
  6. Provide Payment Data;
  7. Accept the Terms of Use and Privacy Policy;
  8. Payment;
  9. Submit the Evaluation Request;
  10. Confirmation email.

The User must submit three Photos to support their Evaluation Request, one from about thirty centimeters away from the Skin Problem and two close-ups.

The User must ensure that the answers to the Questionnaire and the Photos submitted in support of their Evaluation Request are of sufficient resolution and quality, and are current, correct, and complete.

The User will be solely responsible for any consequences related to outdated, erroneous, or incomplete responses to the Questionnaire and/or Photos.

Once the Evaluation Request is submitted on the Site, all Dermatologists receive a notification.

One of the Dermatologists will then select the Evaluation Request, and it will be assigned to them.

The Dermatologist must then review the Questionnaire and examine the Photos. Within 48 hours (business days), and subject to overload of the Site, the Dermatologist must establish the Diagnosis and submit it to the User.

This period may be extended, particularly in the case of Site overload.

If this happens, the User will receive an email from DermApp informing them and explaining the reason for the delay in providing the Diagnosis.

If the Dermatologist believes that an in-office consultation is necessary, or if the Skin Problem requires special attention or there is an emergency situation, the Dermatologist will contact the User within 48 hours by phone to inform them and suggest an in-office consultation within a reasonable time frame.

In this case, the Dermatologist expressly reserves the right to request additional Photos.

If the Dermatologist is unable to establish a Diagnosis, particularly due to an incomplete Questionnaire or poor quality Photos, the User will be notified and invited to submit a new Evaluation Request as per the above process.

When the Dermatologist has finished writing the Diagnosis, it is made available to the User in their Account.

The User will receive an email notification with a link allowing them to view the document once they have logged into their Account.

The User is made aware that the Dermatologist is only required to provide a Diagnosis and is not obligated to follow up once the Diagnosis has been made available in the User's Account.

Treatment of the Skin Problem is not included in the Price.

The User is expressly advised that the Diagnosis does not replace an in-person consultation with a dermatologist.