PRÄAMBEL medaia GmbH, Am Eisernen Tor 5, 8010 Graz, FN 524691f (hereinafter referred to as "medaia," "we," "us") offers, via third-party providers ("Third Parties") and their registered users ("Users"), the option to use the SkinScreener API ("SkinScreener") free of charge or for a fee, depending on the decision of the Third Party. SkinScreener is a registered CE Class IIa MDR medical device and is used to support skin cancer risk assessment using your own mobile device. SkinScreener is intended to be used in addition to standard skin cancer screening and regular dermatological examinations.
SkinScreener is not intended to replace conventional methods of early detection and assessment of skin cancer risk. SkinScreener does not provide a diagnosis and in no way replaces medical and/or therapeutic advice, diagnosis, or recommendations from a specialist and is not a substitute for medical information.
General
The following General Terms and Conditions ("GTC") apply to all contracts between medaia and third-party users with regard to SkinScreener.
Any deviating terms and conditions of users, in particular the general terms and conditions of third parties, shall not become part of the contract unless medaia has expressly agreed to them in writing in advance. Users accept these GTC by clicking the corresponding checkbox in the app.
The GTC in force at the time of conclusion of your contract apply to your contracts. The currently valid version of these GTC can be viewed and accessed at any time at this URL
These Terms and Conditions also apply to consumers.
To get the most out of SkinScreener, be sure to follow the instructions for use and warnings.
Registration/Authentication
Registered users of the third-party solution can, depending on the third-party provider's decision, create a separate account with medaia or agree that the third-party solution automatically creates an anonymous account in the background in order to use the functions of SkinScreener.
Registration with medaia requires the following information: first name, last name, email address, password, year of birth, gender. The third party decides on the collection of information; medaia recommends that the same information be collected.
Users are responsible for the accuracy of the information provided.
By registering with medaia or the third-party provider, you confirm that you are at least 18 years of age, have legal capacity, and have read the instructions for use.
Subject matter of the contract
The subject matter of the contract is the delivery of digital content – SkinScreener – to support and monitor your skin health, to provide information on further steps in skin health care based on risk assessments, and to raise awareness of skin health.
This contract does not cover medical services in the form of a medical diagnosis or treatment. SkinScreener is not a substitute for traditional methods of skin cancer risk assessment. The results do not constitute a diagnosis and are not a substitute for a visit to a specialist.
Contract term/termination
The contract begins when the user agrees to these terms and conditions. The third party determines the contract term and the number of evaluations permitted. The relevant information is displayed in the third-party application.
Payment terms/price
The third party decides on the pricing structure. The relevant information is displayed to you in the third-party application.
Liability
We are liable for damages in accordance with the statutory provisions. Liability for damages caused by slight negligence is excluded. The limitation of liability does not apply to damages caused intentionally or by gross negligence, as well as to damages resulting from injury to life, limb, health, and under the Product Liability Act.
The images created by the user are only evaluated by the SkinScreener software. The software used is state-of-the-art in technical and medical terms and is continuously evaluated and improved by medaia. No diagnosis is made by a specialist. Therefore, it cannot be ruled out that in individual cases the software may incorrectly evaluate skin lesions. Medaia therefore recommends that users have skin lesions examined regularly by a specialist. Use of the app does not replace examination by a specialist. All interpretations by SkinScreener should be reviewed by medical professionals for clinical decision-making.
Customer service
Our customer service team is available to answer general questions about SkinScreener and questions about its correct use at support@medaia.atlassian.net
Restrictions on use
The safe and lawful use of SkinScreener is of particular concern to us, therefore users are prohibited, in particular but not exclusively, from using SkinScreener to:
Advertise and market other services or publish content that is offensive, harassing, harmful to minors, or otherwise illegal, or that promotes or supports illegal activities;
infringe the rights (including personal rights and data protection rights) of others or enter content that could lead to civil or criminal consequences under applicable law or otherwise conflict with these Terms and Conditions, or remove or alter legal notices, in particular those relating to medaia's industrial property rights;
decompile, disassemble, reverse engineer, copy, transfer, or otherwise exploit SkinScreener, unless permitted by copyright law;
automatically crawl, scrape, cache, or otherwise evaluate SkinScreener content;
Use SkinScreener in a manner that (i) may interrupt, suspend, slow down, or impede its continuity, (ii) constitutes interference or attempted interference with SkinScreener or our IT infrastructure, (iii) redirects system resources, (iv) places a disproportionate load on our infrastructure, or (v) constitutes an attack on the security and authentication measures of SkinScreener or our IT infrastructure;
to allow third parties to access your account free of charge or for a fee, in particular to rent, resell or otherwise distribute or pass on your account.
Copyright and industrial property rights
With the exception of images provided by users, all elements of SkinScreener, in particular texts, images, illustrations, as well as design and structure, are protected by medaia's copyright and industrial property rights.
Without our express consent, the user shall not acquire any right to reproduce, distribute, rent, or lend SkinScreener or individual elements, make them available, send, recite, perform, or present them, edit, translate, or exploit them in any other way.
Applicable law, place of jurisdiction
Austrian substantive law applies, excluding its referral provisions and the UN Convention on Contracts for the International Sale of Goods. For consumers within the meaning of the KSchG (Consumer Protection Act), the statutory places of jurisdiction apply.
For consumers from another EU member state, the more favorable consumer protection regulations of the respective EU member state and the statutory places of jurisdiction for consumers of the respective EU member state apply.
