Terms of Service of EPIDERM

Terms of Service

1. PURPOSE

Epiderm publishes a dermatological e-consultancy platform accessible via mobile phone, tablet and/or other connected media (hereinafter the «  Application »), enabling anyone who downloaded the application (hereinafter the « User ») to be placed in contact with a dermatologist previously selected by Epiderm (hereinafter the «  Dermatologist  »), to get quick medical attention on a specific skin condition (the « Advice »), based on information provided by the User (hereinafter the «  Services  »).

These terms of use (hereinafter the «  Terms  ») are intended to define the terms and conditions for the provision of the Services described above, and to define the rights and obligations of the parties involved.

Epiderm and the User are hereinafter designated together or individually as the «  Partie(s)  ».

The applicable version of the Terms is the one available on the Application. During the use of the Services, the User may be subject to special conditions for some Services, which complement these Terms and, in case of conflict, prevail over the latter.

All Parties agree that these Terms constitute the entire agreement between them, and supersede any proposal or prior agreement.

2. USER STATEMENT

The User acknowledges having been informed that the Services are intended to inform Users on pathologies related to dermatology, prepare for possible consultation with a doctor, facilitate understanding of a diagnosis or treatment, strengthen the initial charge or provide a second opinion.

The User acknowledges having been informed that the Services provided via the Application are not intended as a substitute for a consultation with a general practitioner or dermatologist, and doctors involved via the Application do not provide diagnosis nor prescriptions, but simply advise on best practices, mistakes to avoid, ways to relieve symptoms and steps to follow in the pathway of care, while waiting for an appointment with a general practitioner or a dermatologist.

The User also acknowledges having been informed that the use of the Application is not appropriate in the context of emergency care. Users are invited to contact the emergency department.When in doubt, the User should contact his attending physician.

3. ACCEPTANCE OF TERMS

By using the Services as provided below in section «  Access to Services  », the User declares having read these Terms, and accepts them expressly. This acceptance can only be full, without modification of any kind. Any conditional subscription is considered null and void. A User who does not agree to be bound by these Terms should not use the Services.

4. Access to Services

Services are available   any natural person with full legal capacity to undertake these Terms in its name and for its own account. The User who does not have full legal capacity can access the Services only with the consent of the legal representative.

The Access to Services implies downloading the Application. The User can access the Application features via the interface of the Application (hereinafter the «  Interface  »), allowing to manage the Services, in a form and by technical means that Epiderm considers most appropriate.

5. DESCRIPTION OF SERVICES

Epiderm offers to Users the Services described below with the following conditions:  :

5.1 Photographing

Epiderm provides a «  Picture  » button allowing the User to take a picture from the device camera, in order to load it directly onto the Interface (hereinafter the «  Picture  »).

5.2 Description of symptoms

The User agrees to describe the symptoms by completing the form provided by Epiderm for this purpose, according to the technical means that Epiderm deems most appropriate, and to complete the required information accurately (hereinafter the «  Form  »).

The User guarantees Epiderm that the information indicated on the Form is accurate.

Once the Form completed, the User sends his request for Advice using the «  Submit  » button from the Interface. Epiderm assigns a unique Advice number, to identify the request (hereinafter the «  Reference Number  »).

5.3 In contact with a dermatologist

Epiderm automatically sends the Form and Pictures to the Dermatologist selected according to objective criteria, in particular according to the availability of the dermatologist.

Epiderm shall immediately provide the User with the name of the dermatologist dealing with the request, in a form and according to the technical means that Epiderm deems most appropriate.

The selected Dermatologist provides his medical Advice within forty-eight (48) hours following the Form and Pictures transmission, via the messaging service available to Users under the conditions specified below (hereinafter the «  Messaging Service  »).

The User declares to be informed that the Advice is established solely on the basis of Pictures and information completed in the Form.

The User can interact via the Messaging Service with the Dermatologist who issued the Advice, for a period of seven (7) days after receiving the Advice.

5.4 Messaging Service

Epiderm offers access to a private Messaging Service, allowing to maintain a private correspondence with the dermatologist who issued the Advice. This Messaging Service works in a form and according to the technical means that Epiderm deems most suitable to render the said Service.

The Messaging Service is accessible via the tab «  Messaging  » on the Interface.

5.5 Other Services

Epiderm reserves the right to offer any service deemed useful, in a form and by features or technical means it considers most appropriate for rendering those Services, for free or for a fee.

6. DURATION

Services are concluded for the time necessary for the performance of the Services.

7. FINANCIAL CONDITIONS

7.1 Price

Access to Services shall be subject to payment of a fixed price. The price list applicable is the rate in force on the date of subscription, as indicated on the Application. Prices are in Euro including all French taxes.

7.2 Payment Terms

The price is payable in full and at once, at the date of the Services subscription.

Payment is made by credit card via the Application, with the , InApp mobile payment service published by Apple and available on the Apple Store <b> </b> or by any other means that will be proposed at the time of the order through the Application.

In this context, the User is informed that the mobile payment service retains only bank details for payments purpose. Epiderm does not store bank details.

The User guarantees having the necessary permissions to use the chosen payment method.

The User is informed and accepts that Epiderm mandated Apple to send the invoice corresponding to the price for subscription of the Services,   by all appropriate means.

8. NON-COMMERCIAL USE

The User agrees to use the Services in a strictly personal capacity, and to not allow any third party to use on his behalf, except bearing full responsibility. The User agrees not to use the Services (i) on behalf of a third party in any capacity whatsoever, and (ii) as part of his professional activity, including in the context of a medical activity, and/or as part of any   gainful activity.

The User also agrees not to monetize, sell, lease, exchange and, more generally, to negotiate all or part of the Access to Services.

9. USER OBLIGATIONS

Without prejudice to other obligations hereunder, the User agrees to respect the obligations that follow. .

  1. The User agrees, while using the Services, to respect laws and regulations, and to not affect the rights of third parties or public order.
  2. The User acknowledges the characteristics and constraints, especially technical, of the Services as indicated on the Application.
  3. The User undertakes to make a strictly personal use of the Services. It is therefore prohibited to assign or transfer any of the rights or obligations hereunder, to any third party in any manner whatsoever.
  4. The User agrees to provide Epiderm all documents, elements, data and information necessary for the efficient execution of the Services. More generally, the User agrees to cooperate actively with Epiderm for the proper implementation of those, and to inform of any difficulties in this execution.
  5. The User is solely responsible for Pictures and Forms, as well as messages sent to Dermatologists as part of the Services, through the Interface and/or the Messaging Service.

He agrees that messages and/or Pictures and/or Forms sent to Dermatologists through the Messaging Service, do not affect public order, morality or rights of third parties, do not infringe any legislative or regulatory provision, and generally are not likely to jeopardize the civil or criminal liability of Epiderm.

The User agrees to not distribute content of the following, but not limited to :

  • pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionists, ,
  • counterfeit,
  • which infringes the dignity of a third party,
  • deceptive, misleading, proposing or promoting illegal activity, fraudulent or misleading,
  • harmful to the computer systems of others and/or that may prevent the normal use of the Application and/or Services (such as viruses, worms, Trojans, etc.),
  • and more generally, content that may infringe rights or harm others, in any manner and in any form whatsoever.

10. OWNERSHIP

These Terms do not grant the User any intellectual property rights in the Application, systems, software, structures, databases and content of any kind (text, images, video, music), as well as logos and brands operated by Epiderm within the Application under the provision of the Services, which remain the exclusive and full property of Epiderm.

Epiderm grants the User a non-exclusive, personal and non-transferable right to use the Application in its existing version at the date of signature of these Terms, as well as its possible updates and/or new upcoming versions, for the sole purpose of using the Services, subject to full payment, in accordance with the «  Pricing Conditions  » above.

In any event, the User expressly undertakes to refrain any other use of the Application, including, reproduce, fix, adapt to make it available to third parties, create any derivative works of all or part of the Application, to market or offer it for rent.

Any reproduction, distribution, adaptation, commercialization of the items referred to in this article by the User, not in accordance with the foregoing, constitute the infringement, pursuant to the provisions of Article L.335-3 of the French Code of Intellectual Property.

11. PERSONAL DATA

Epiderm does not collect and process User personal data in the meaning of Act No. 78-17 of January 6, 1978 as part of the Services.

Epiderm acts as Dermatologists subcontractor in the meaning of Article 35 of Act No. 78-17 of January 6, 1978 regarding all data, including health data provided via the Forms and sent to Dermatologists as part of the Services. In this capacity, Epiderm undertakes to take all appropriate precautions to preserve the security of processed personal data on Dermatologists instruction, and during the execution of the Services.

Epiderm therefore commits to take all necessary steps to prevent data from being distorted, damaged or communicated to unauthorized third parties.

The User is also informed and accepts that the Pictures may be used anonymously by the Dermatologists, for research and integration into a pathology database accessible from the Application for the purpose of powering an automatic pathology detection robot, in order to offer Users a first medical opinion as part of the Services.

12. EXCLUSION OF WARRANTIES AND LIABILITY

Epiderm undertakes to provide the Services with due diligence and properly carried out, since having an obligation of means, with the explicit exclusion of any obligation of result, which the User acknowledges and agrees specifically.

The User declares to be informed that the intervention of Epiderm under these Terms shall be limited to the provision of Services described in section «  Description of Services  ».

The User acknowledges that Epiderm is not aware of the Advice provided by the Dermatologist as part of the Services, and performs no moderation, selection, audit or control of any kind over it. The User is expressly informed that the particular responsibility of Epiderm shall in no case be retained for the Advice provided by Dermatologists, in which they are solely involved.

Epiderm can not be held liable for non-compliance of the Services to the needs and expectations of the User.

Epiderm can not guarantee that the Services, under constant research for improvement such as performance and evolution, will be completely free of flaws, errors or defects.

Moreover, Epiderm reserves the right to temporarily suspend access to the Application for maintenance reasons, and can not be held liable for any disruptions or failures of mobile networks, Internet or telecommunications.

In any case, the liability of Epiderm likely to be incurred under use of the Services is expressly limited to proven direct damages suffered by the User. In addition, Epiderm shall not be held liable for legal damages to the User of any nature whatsoever, direct, equipment, commercial, financial or moral, related to the use of the Services, to a higher amount of the one charged by Epiderm for the Services that led to the alleged damage.

When using the Services, Epiderm shall not be held liable for legal damages to the User of any nature whatsoever, direct or indirect, material, financial or moral, because of the use of the Services and Solution. .

13. FORCE MAJEURE

Epiderm shall not be held liable in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of a force majeure event. Are considered as force majeure, events usually recognized by jurisprudence and French courts.

The occurrence of a force majeure event initially suspends the Services for a period not exceeding one (1) month. In the event where the force majeure would continue beyond the aforementioned period, the Parties may terminate these Terms, by right, without legal formalities, without prior notice, and without any right to compensation of any kind, by sending a registered letter with acknowledgment of receipt with immediate effect.   

14. VOID

If any provision of these Terms were to be declared void or unenforceable by reason of any law, regulation or following a final court decision, this provision only would be void, and the other provisions would remain fully in force and applicable.

15. IDENTIFICATION

Epiderm is a simplified stock company, registered with the Trade Register of Rennes under number 813  201 118, whose headquarter is located - Incubateur Télécom Bretagne, 2 rue de la Chataigneraie – 35   510 Cesson-Sévigné France .

Epiderm may be contacted at the following:  :

Telephone  : + 33 ( 0 )2 52 86 00 40

Email address  : julie@epiderm.co

16. LAW AND JURISDICTION

These Terms of Service are governed by French law.

17. COMING INTO FORCE

These Terms of Service came into force on December 1st, 2015

* The present General terms of use are drafted in French in their original version which only is valid and prevails over quite different version.