END USER LICENSE AGREEMENT - TERMS & CONDITIONS
Last updated August 8, 2022
Dermos is licensed to You (End-User) by Dermos, LLC, located at 151 Calle de San Francisco Suite 200, San Juan, Puerto Rico 00901 (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. You represent and warrant that you are an individual of legal age to form a binding contract.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof.
Dermos, LLC, not Apple, is solely responsible for the licensed Application and the content thereof to the extent provided in this License Agreement..
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Dermos, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Dermos (hereinafter: Application) is a piece of informational and investigative software customized for Apple mobile devices and created to provide users an easy method to check and monitor whether or not their skin lesion or spot could be of concern. Utilizing an always leaning AI, our system analyzes the user’s skin lesion or spot and makes arecommendation as to whether or not the user's spot needs to be referred to a dermatologist for closer inspection.
The Application is not tailored to comply with any industry-specific regulations, including but not limited to, Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), and Gramm-Leach-Bliley Act (GLBA), and any other national or regional industry-specific laws or regulations (hereinafter collectively: Industry Regulations), so if your interactions would be subjected to such Industry Regulations, you may not use this Application. You may not use the Application in a way that would violate any Industry Regulations.
You acknowledge that your skin is constantly changing, and the Application is not designed to provide a one-time analysis. The Application should be used on an ongoing basis for continuing observation of any changes to your skin.
2. SCOPE OF LICENSE
2.1 You are given a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Dermos, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Dermos, LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.3.
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Dermos, LLC is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
Dermos, LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant to Dermos, LLC, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, analyze, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing to Dermos, LLC. The use and distribution may occur in any media formats and through any media channels to the extent permitted by applicable laws and regulations.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re- categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Dermos, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Applications:
- For any direct loss;
- For any indirect, special or consequential loss;
- For any punitive, incidental, punitive, exemplary or similar damages; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Dermos, LLC has been expressly advised of the potential loss.
Under no circumstances will Dermos, LLC, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be responsible:
- For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Application or the information contained therein;
- For any errors, mistakes, omissions or inaccuracies;
- For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Applications or any information, materials, goods and services provided by Dermos, LLC’s affiliates, licensors, users or other third parties;
- For any unauthorized access to or use of servers used by Dermos, LLC and/or any and all personal information stored therein;
- For any interruption or cessation of transmission to or from the servers used by Dermos, LLC;
- For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers used by Dermos, LLC by any third party;
- For loss or damage incurred as a result of the use of the Applications, or content or any information, materials, goods and services provided by Dermos LLC’s affiliates, licensors, users or other third parties; and/or
- For Contributions, as defined hereinabove or the defamatory, offensive, or illegal conduct of any third party.
To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
You accept that Dermos, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Dermos, LLC’s’ officers or employees in respect of any losses you suffer in connection with the Application.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this License Agreement will protect Dermos, LLC’s officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as Dermos, LLC.
In no event shall Dermos, LLC, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons be liable to you for any claims in an amount exceeding the amount you paid to Dermos, LLC hereunder or USD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This License Agreement give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
9.1 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Dermos, LLC's sphere of influence that affect the executability of the Application.
9.2 You are required to inspect the Application immediately after installing it and notify Dermos, LLC about issues discovered without delay by e-mail provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been mailed within a reasonable period after discovery.
9.3 If we confirm that the Application is defective, Dermos, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.4 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store- Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Dermos, LLC and the End-User acknowledge that Apple is not responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
- product liability claims;
- any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
151 Calle de San Francisco Suite 200 San Juan, Puerto Rico 00901 email@example.com
The license is valid until terminated by Dermos, LLC or by You. Your rights under this license will terminate automatically and without notice from Dermos, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
You represent and warrant that you will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Dermos, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing by Dermos, LLC. The preceding clause can only be waived in writing.
17.3 MEDICAL DISCLAIMER. THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSE A PERSON'S HEALTH CONDITION. IT IS NOT MEANT TO PROVIDE ANY GUARANTEED RESULT, OR INTENDED TO BE OR REPLACE PROFESSIONAL MEDICAL ADVICE, EVALUATION, DIAGNOSES, OR TREATMENT. THE APPLICATION IS AN INVESTIGATIVE AND INFORMATIONAL ANALYSIS TOOL THAT PROVIDES INITIAL ANALYSIS TO RECOMMEND THE NECESSITY OF ADDITIONAL MEDICAL ATTENTION. THE USE OF THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS INTENDED TO BE IN ADDITION TO TRADITIONAL MEDICAL INFORMATION PROVIDERS. THE RECOMMENDATION FROM THE APPLICATION IS SIMILAR TO THAT OF A DATA BASE AND IS JUST ONE OF THE SOURCES THAT MAY BE USED BY A LICENSED HEALTH PROFESSIONAL IN CREATING A DIAGNOSIS FOR A PATIENT. THE APPLICATION AND ANY RECOMMENDATION PROVIDED SHOULD NEVER BE SOLELY RELIED UPON AS A VERIFIED DIAGNOSIS. DERMOS, LLC ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OF ANY DIAGNOSIS MADE BY ANY PERSON OR ENTITY UPON THE APPLICATION, THE USE THEREOF, OR ANY INFORMATION OR ANALYSIS PROVIDED BY IT. THE USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK.
THE APPLICATION’S ANALYSIS MAY BE AFFECTED BY VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO THE LIGHTING OF YOUR ENVIRONMENT, THE QUALITY OF YOUR PHOTOS, AND THE ANGLE FROM WHICH YOUR PHOTOS ARE TAKEN. USE YOUR BEST JUDGMENT AND COMMON SENSE, AND EXERCISE A HEALTHY SKEPTICISM WHEN USING THE APPLICATION. IF YOU HAVE ANY SUSPICION OF ANY HEALTH ISSUE OR IF YOUR SKIN IS SHOWING ANY SIGNS OF IRRITATION, IMFLAMMATION, SWELLING, BLEEDING, CRUSTING, ELEVATION OR OTHER SUSPICIOUS SYMPTOMS, YOU SHOULD CONSULT A LICENSED HEALTHCARE PROFESSIONAL IMMEDIATELY.
17.4 NO WARRANTY. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY DERMOS, LLC IN CONNECTION WITH THIS LICENSE AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM, OR OTHERWISE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT). DERMOS, LLC ALSO DOES NOT WARRANT THAT THE SOFTWARE IS ACCURATE, IS PROPERLY IN COMPLIANCE WITH ANY PARTICULAR GOVERNMENT ENTITY OR LAWS OR REGULATIONS, IS FREE OF ERRORS, OR OMISSIONS.