1. Basis of Contract
- We are Skin Analytics Limited (we, our or us), a company registered in England under company number 07919560 and with our registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.
- These terms and conditions (Terms) form the basis of the legal relationship between you and us under which we agree to provide you with an online monitoring service that tracks changes in the shape and colour composition of your moles (the Services).
- These Terms create the contract between us for the Services. They will become binding on you and us when we issue you with [a written acceptance (including by email)] of your order for the Services.
- YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF CLAUSES 8 AND 10 OF THESE TERMS.
2. Supply of Services
- The Services are comprised of:
- The website skin-analytics.com (Website); and
- The downloadable iPhone or Android smartphone application (App).
- The Services are provided to you as follows:
- You subscribe to the Website and receive a skin-analytics.com account;
- You upload your digital images to your account, either directly onto the Website via a browser or through your App (which is downloadable for free with a skin-analytics.com account);
- We run an automatic analysis of your uploaded images and notify you by email if a potential change in the shape and/or colour composition of your mole(s) is identified;
- You are advised to review your images before, if you consider it necessary, arranging an appointment with a medical professional.
- The Services are provided solely to you (Personal Services) or to you and immediate members of your family (Family Services) depending on the Fees paid.
3. Disclaimer of Services
- The Services are intended to complement, not substitute, your existing skin self-examination. The Services only monitor and flag potential changes in your mole(s) on the basis of the images provided to us by you. The Services do not constitute a medical device and do not provide any form of medical risk assessment, medical screening, diagnosis, cure or treatment.
- You should not rely in any way on the Services and any associated materials or information. Any reliance by you is at your own discretion and risk.
- You are responsible for ensuring images uploaded are of good quality. Failure to do so may result in the Services being less effectiv
- Our ability to provide the Services effectively may be compromised where you upload images containing raised lesions, where lesions are obscured by large amounts of hair or where there is not a reasonable level of contrast between the colour of a lesion and your normal skin tone.
- Where you receive an email notification of a potential change from us, you are advised to review your digital images on the basis that the technology we may use may have alerted you in error. If, following your own review of the images, you are still concerned, you should always visit an independent medical professional for advicThe Services are not a substitute for a visit to a medical professional, and you should not delay seeking medical advice or disregard medical advice you have received on the basis of the Services.
4. Disclaimer of Risk Questionnaire Profile
- Skin Analytics uses Emily’s risk assessment tool and the information provided in the tool has been written by Researcher’s, Physicians and other employees of the Victorian Melanoma Service (VMS). This material is in the public domain and is not subject to copyright restrictions. Therefore, no special permission is required to use it or reproduce it. However, any reproduced material should contain proper acknowledgement of the VMS as the originator and the VMS web site, www.victorianmelanomaservice.org as the source
- Emily’s risk assessment tool aims to give an estimation of an individual’s risk of developing melanoma over a 5 year period.
- This model does not predict mortality or the risk of spread of melanoma once diagnosed.
- The model is designed for use by doctors in the clinical setting to assist in the communication of risk to their patients. It is highly recommended that you discuss your personal risk factors and results of your risk assessment with your doctor.
5. Charges and Payment
- The fees for the Services are stated on the Home page of our Website (Fees). The Fees you will pay will be those stated at the time you subscribe to the Website for the Services or at the time your subscription automatically renews.
- The Fees will be payable in advance.
- Your subscription will be automatically renewed unless you cancel your subscription for the Services within seven working days of the end of the subscription perioThis can be done from within your skin-analytics.com account.
6. Consumer Rights
- In accepting these Terms, you agree to the performance of the contract beginning when you receive your skin-analytics.com account details, and consequently your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 is excepted under section 13 of those Regulations.
- Your first payment will not be taken from you until seven days after your payment details have been processed, during which time you will be entitled to cancel the contract using the option to cancel on your ‘Account’ page within your Skin Analytics account or by informing us in writing, by first-class post to our registered office or e-mail to email@example.com.
- We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
- If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the contract. If you so elect to cancel, we will provide you with a pro rata refund calculated on the basis of the outstanding term of the contract.
- You will co-operate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.
8. Data Protection and Privacy
- We use a number of security procedures to protect your personal information and data from unauthorised access or disclosure and to ensure compliance with data protection standards.
- All sensitive data transferred from you to us is encrypted by HTTPS.
- Account passwords are stored using one-way encryption and so cannot be retrieved or decrypte
- All systems, both web servers and database servers, sit behind a firewall restricted to only necessary ports for running the Website and all sensitive areas of the Website and App (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts.
- We store your account information and your digital images on separate servers.
- Your payment details are not shared with or held by us at any time, and we do not store them on our servers. We use a trusted third party payment provider, [Braintree], to securely store your payment information. [Braintree] has access to your payment information solely for the purposes of fulfilling this task.
- We store your digital images on Amazon cloud servers. This encrypts the images and ensures that they are only accessible through our servicDetails of the protection this server provides can be found at: http://awsmedia.s3.amazonaws.com/pdf/AWS_Security_Whitepaper.pdf.
- We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:
- Google for Google Analytics
- Flurry for smartphone analytics
- BugHerd for bug tracking.
9. Use of your data
- By uploading your images to the Website and/or App, you explicitly consent to the images being processed for the purposes of the provision of the Services and to be used anonymously for the purposes of research and testing of the Services software. As such, your images may be reviewed by our employees or third-party consultants engaged by us.
- All third-party service providers mentioned in these Terms are subject to similar privacy obligations as are contained in these Terms.
- You grant us an transferable, sub-licensable, royalty-free, worldwide, perpetual license to use anonymously any of the images and data that you upload to the Website and/or App for the purposes of medical, clinical and commercial research.
- Following termination of the contract for Services, your Skin Analytics account will be suspended and remain dormant until such time as you may start using the Services again. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your images continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing of the Services software.
- If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services for a period of 6 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 softwar
- We use anonymous and “analytical” cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
11. Limitation of Liability
- Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
- The Services are not to be used for commercial or business purposes, and are for domestic personal use only. We shall therefore not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or other timWe shall not be liable for any unforeseeable special, indirect or consequential losses.
- Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
- Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
- Either party may terminate this contract on 30 days’ notice using the option to cancel on your ‘Account’ page within your Skin Analytics account or in writing, [or immediately in the event that the other party participates in or is subject to any winding up, liquidation or other analogous event].
- Where you terminate the contract in accordance with clause 11(a), you will be entitled to a refund of the Fees on a pro rata basis, calculated by the reference to the unexpired portion of the subscription period remaining at the end of the 30 day notice period referred to in clause 11(a).
- If you give notice to terminate the contract within 30 days of the end of your subscription period, the contract will automatically terminate at the end of the subscription perioYou will not receive a refund and no new subscription period will commence during the period of a notice to cancel.
- When you terminate the contract, your account will be suspendeTo enable you to easily return to using the Services in the future, unless you tell us otherwise your personal information will lay dormant (subject to clause 8(d)) until such time as you may choose to enter into a new contract with us for Services. This will allow you to return to the service at any time, continuing to use your original account and historical datIf you wish for your account to be permanently deleted (subject to clause 8(e)), you will need to specify this when terminating by selecting the option to completely delete your account.
- Neither party shall be liable to the other for any failure to perform its obligations under these Terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
- Neither party may assign its obligations under these Terms without the other’s consent.
- Any notice given under these Terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or e-mail.
- These Terms constitute the entire agreement between the parties. If part of these Terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
- We have the right to revise and amend these terms and conditions from time to time
- Nothing in these Terms creates a partnership or joint venture of any kind between the parties.
- A person who is not a party to this contract shall not have any rights under or in connection with it.
- These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England.
- Clauses 8 and 9 shall survive termination of the contract between us.