TERMS OF SERVICE
Last Updated: [23 May 2024]
These DERMAP Terms of Service (the “Agreement”) sets forth the terms and conditions that apply to your access
and use of the internet website located at https://www.der-map.com and the DERMAP mobile software application
(collectively, the “Site”), each owned and operated by Speclinp, Inc. (“SPECLIPSE”, “we”, “our” or “us”), and
the services available thereon, including without limitation the services that are described below (the
“Services”).
BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ARE DISSATISFIED
WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
1. Agreement to Terms
1.1 By accessing or using our Service, you confirm that you can form a binding contract with SPECLIPSE, and
you accept these Terms. If you are using the Service on behalf of a company, organization, or other legal
entity, you represent that you have the authority to bind such entity to these Terms.
1.2 These Terms are effective as of the date of your acceptance.
1.3 We reserve the right to modify or update these Terms at any time. We will notify you of any changes by
posting the new Terms on our website and sending You an email. Revised Terms shall be deemed to have been
approved by You, unless You declined them by email within six weeks after notice.
2. Description of Services
2.1 DERMAP is a cloud-based service designed for dermatologists and general practitioners to manage and store
dermatological images and related patient data.
2.2 To use our Service, you must have internet access, a compatible device, and any required software. You are
responsible for ensuring that your equipment meets the necessary technical specifications to use the
Service.
2.3 We strive to provide reliable and continuous Service, but we do not guarantee that the Service will be
uninterrupted or error-free. The Service is provided “as is” and “as available.”
3. Smart Features/Artificial Intelligence
3.1 When reviewing patients’ cases, you have the opportunity to utilize tools powered by artificial
intelligence to support clinical decisions for an enhanced level of care. In order for DERMAP’s algorithms to
become “smarter” over time to fulfill this mission of improved care, they must be continuously trained. To
support this intrinsic need, every time a doctor uses one of our artificial intelligence-powered tools the
system has the opportunity to “learn” and become better for you and other patients around the world. Any
images and data used for these algorithms have been de-identified, which means that all identifiable
information such as name, date of birth, health ID number, email have been removed.
3.2 If a patient does not wish to have the DERMAP system use their de-identified information to tailor its
features and enhance smart tools that may be used by medical professionals, they have the opportunity to opt
out at any time. In that case, smart features can be disabled and users will not have access to these
services.
3.3 It is the responsibility of the medical professional to explain to the patient that their data is
de-identified and that the algorithms are trained automatically to ensure all information remains anonymous
and secure. No employees or third parties having any access to the patients’ data at any point of the learning
process. When given the opportunity to learn, DERMAP’s algorithms have the capacity to continuously improve
over time to help other patients and doctors around the world for enhanced care outcomes.
3.4 If a patient reconsiders their choice, they can opt back in and allow DERMAP users to access the
platform's smart features. It is the sole discretion of your patients to opt out and/or in, and as a result
you agree that this may dictate your access to the extent of use for DERMAP's intelligent tools.
4. Similar Lesion Search Terms and Conditions
4.1 The Services also includes SPECLIPSE’s Similar Lesion Search service (the “Similar Lesion Search
Service”), which utilizes advanced deep learning algorithms to retrieve visually similar images to your
current Patient case from a bank of thousands of pathology-labeled dermoscopic images, and provides you with
statistics relating to the top diagnoses and risk of malignancy of these similar images. If you access or use
the Similar Lesion Search Service, you agree to the Similar Lesion Search Terms and Conditions.
4.2 You agree that you will not use the images or other Materials included in the Similar Lesion Search
Service (collectively, the “Similar Lesion Search Materials”) in any way other than viewing them within the
Similar Lesion Search Service. The Similar Lesion Search Materials may not be copied, downloaded, reproduced,
repurposed, distributed, sold or otherwise commercially exploited, made available to any other person or put
to public use, including without limitation for use in performing vision science or machine learning or to
train or test deep learning or artificial algorithms in any way, all of which are strictly prohibited by
SPECLIPSE.
4.3 Except with SPECLIPSE’s prior written consent, the Similar Lesion Search Materials may not be used in any
publications (whether in print or electronic form) or posted no or added to any public or private websites,
intranets, bulletin boards, social media, chat rooms, centralized image repositories or learning management
systems.
4.4 YOU HEREBY ACKNOWLEDGE AND AGREE THE SIMILAR LESION SEARCH SERVICE WILL BE USED BY YOU SOLELY FOR
EDUCATIONAL AND INFORMATIONAL PURPOSES, AND YOU WILL NOT USE THE SERVICES FOR ANY OTHER PURPOSE, INCLUDING
WITHOUT LIMITATION DIAGNOSTIC OR MEDICAL PURPOSES. THE SIMILAR LESION SEARCH MATERIALS: (i) ARE PROVIDED
SOLELY ON THE BASIS THAT USERS WILL BE RESPONSIBLE FOR MAKING THEIR OWN ASSESSMENT OF THE MATTERS DISCUSSED
THEREIN; AND (ii) DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSES, TREATMENT OR CARE, NOR ARE THEY
INTENDED TO BE A SUBSTITUTE THEREFOR. HEALTH PROFESSIONALS USING THE SIMILAR LESION SEARCH SERVICE MUST NEVER
DISREGARD THEIR OWN DISCRETION AS HEALTH PROFESSIONALS OR DELAY IN SEEKING A THIRD PARTY’S PROFESSIONAL
OPINION DUE TO THEIR REVIEW OF THE SIMILAR LESION SEARCH MATERIALS. THE SIMILAR LESION SEARCH MATERIALS ARE
NOT EXHAUSTIVE AND DO NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT.
5. Representations and Warranties
5.1 In order to enter into this Agreement, you must have reached the legal age of majority in your
jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this
Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement
under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be
bound by it.
5.2 You hereby represent, warrant and covenant to SPECLIPSE that you are licensed or accredited by the
applicable regulatory authority in the province, territory, state or country where you practice to practice
and provide Diagnostic Services and any other healthcare services and medical advice that you provide through
or in connection with the Site or Services.
6. NO MEDICAL ADVICE
6.1 SPECLIPSE is not a healthcare institution or medical facility. Neither SPECLIPSE nor DERMAP does give
medical advice or diagnosis and you should not rely on any of the information on DERMAP as if it were personal
medical advice. The contents of the DERMAP, such as text, graphics, images, and information obtained from
SPECLIPSE's licensors, and other material contained on DERMAP are for informational purposes only. The content
on DERMAP is not intended to be, and is not, a substitute for professional medical advice, diagnosis, or
treatment.
6.2 You are solely responsible for all medical decisions, including the interpretation of any data, and any
diagnosis, treatment or treatment plan, made by you as the result of the use of DERMAP. You acknowledge that
image capture, image processing and image display also depend on your specific computer hardware environment
and corresponding system settings which are beyond SPECLIPSE reasonable control. SPECLIPSE does not warrant
that the image presentation through DERMAP will be free from any hardware-based display errors such as image
distortions, color deviations or poor contrast and brightness values. IT IS THE SOLE RESPONSIBILITY OF YOU AND
ANY OTHER USER TO ANTICIPATE THE POSSIBILITY OF SUCH DISPLAY ERRORS IN INTERPRETING IMAGES VISUALIZED THROUGH
DERMAP.
7. Your Profile Information and Account
7.1 If you sign up for a SPECLIPSE account (“Account”), you agree that SPECLIPSE is providing you with one
user identification reference that you will use to create a username (your email address) and password
(together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and
Services in accordance with this Agreement. You agree and understand that you are responsible for maintaining
the confidentiality of your User ID. That User ID, together with any or other user information you provide,
including but not limited to your social media profiles and location, will form your “Profile Information” and
allow you to access your Account. You will provide true, accurate, current and complete information about
yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to SPECLIPSE
that you have not misrepresented any Profile Information. You are responsible for any Profile Information that
may be lost or unrecoverable through the use of the Site or Services.
7.2 Your right to access and use the Services is personal to you and is not transferable by you to any other
person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for
all activities that occur under your Account or under your Profile Information. If you become aware of any
unauthorized use of your Account or Profile Information, you are responsible for notifying SPECLIPSE
immediately. It is your responsibility to update or change any Account or Profile Information, as
appropriate.
7.3 In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving
those communications and unsubscribe to any SPECLIPSE subscriptions at any time by clicking “Unsubscribe” at
the bottom of such communication or by contacting dermap@speclipse.com. Doing so may have a material impact on
our ability to provide any Services to you, and we are not responsible if you do so.
8. Subscriptions; Fee; Free Trial; Payment
8.1 If You purchase Paid Subscription(s), You agree to pay all indicated fees ('Fees'). We may increase Fees
or add new fees for any Paid Subscription(s) provided under the following conditions:
8.2 Changes of Fees will apply for any subsequent Renewal Period of current Paid Subscription(s) (as defined
in section 9.2). We will inform You about such changes at least thirty (30) days in advance. Changes of Fees
shall be deemed to have been approved by You, unless You indicate disapproval before the proposed date of
entry into force. If You disapprove, Your Paid Subscription(s) will terminate at the end of the Initial Term
or current Renewal Period (as defined in section 9.2).
8.3 If You purchase Paid Subscription(s), access to such Paid Subscription(s) shall be electronically
delivered following receipt of purchase order and DERMAP ID. You shall receive electronic notification of Your
Paid Subscription(s) delivery.
8.4 We may make one or more Services available to You on a trial basis free of charge until the earlier of
Your or Our termination at any time, the end of the trial expiration period, or the start date of any
subscription period or Paid Subscription(s) ordered by You. Additional trial terms and conditions may appear
in the course of the registration for such trial and shall be incorporated into these Terms.
8.5 Payment can be made by using the available payment methods when ordering Paid Subscription(s). We may send
you invoices and payment notifications in accordance with the method agreed upon in advance. Unless additional
usage fees are separately invoiced, monthly fees are based on the minimum monthly amount specified in the
separate agreement, regardless of actual usage, and must be paid in the indicated currency by the end of the
month in which the invoice is received. Payment obligations are non-cancelable and Fees paid are
non-refundable (except as set forth in section 9.7 below). You are responsible for maintaining complete and
accurate billing and contact information.
8.6 You take full responsibility for all taxes and fees of any nature associated with the Services, including
any sales tax related to any purchase or sale of services or goods under this Agreement. When purchasing or
selling services or goods under this Agreement, it is your responsibility to determine whether or not sales
taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate
authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due
are for illustration purposes only. You take full responsibility for all taxes and fees of any nature
associated with the Services, including any sales tax related to the purchase or sale of services or goods
under this Agreement. If we has the legal obligation to pay or collect Taxes for which You are responsible
under this Section, the appropriate amount shall be invoiced to and paid by You. You shall provide us with any
information we requests to comply with such legal obligations.
8.7 In the event that Fees due remain unpaid by You, then at our sole discretion, we may charge late interests
at the rate of 1.5 % of the outstanding balance per month, or the maximum rate permitted by law, whichever is
lower, from the date such payment was due until the date paid, and/or suspend any or all unpaid Services
and/or Paid Subscription(s), as applicable, until overdue amounts are paid in full.
9. Termination
9.1 Your User Account shall begin as of the date when Your account is activated by SPECLIPSE. You may
terminate your account at any time by following the instructions on the Service. We may suspend or terminate
your account or your access to parts of the Service, at our sole discretion, at any time and without notice to
you, if you breach these Terms.
9.2 Any Paid Subscription(s) shall run for the period selected by You ('Initial Term') with subsequent
automatic renewals of similar periods ('Renewal Period') unless terminated by You or SPECLIPSE effective the
end of the Initial Term or any Renewal Period by giving thirty (30) days prior written notice. Unless
otherwise indicated by You or SPECLIPSE, if a Paid Subscription has been terminated, Your Account will
continue as a Limited User Account at no cost. The provisions of this section shall not affect the right of
You or SPECLIPSE to terminate Your Account for good cause.
9.3 SPECLIPSE may terminate Your Account or parts of Services with immediate effect upon notice if You
materially breach any of these Terms. In addition, SPECLIPSE shall be entitled to delete User Data posted or
submitted by You, issue a warning, and/or block Your access to DERMAP until such material breach is
cured.
9.4 SPECLIPSE may also terminate Your Account or parts of Services with immediate effect upon notice (i) if
any of the Services is not in conformity with applicable laws and legal conformity cannot be ensured within a
reasonable time, or the establishment of such conformity would be unduly burdensome or otherwise unlawful for
SPECLIPSE, or (ii) in order to comply with applicable law or requests of governmental entities, or (iii) if
SPECLIPSE's relationship with a third party who provides services or any other technology necessary to provide
DERMAP to You expires, terminates or requires SPECLIPSE to change the way of use of such services or other
technology as part of DERMAP or (iv) SPECLIPSE is no longer able to provide Services due to circumstances
beyond SPECLIPSE's reasonable control, or (v) if SPECLIPSE has, in its sole discretion, decided to suspend or
no longer offer DERMAP by providing at least three (3) months prior notice.
9.5 Your Account and all rights thereto are non-transferable.
9.6 Upon termination of Your Account, SPECLIPSE shall be relieved of any obligations to grant access to DERMAP
and to provide any Services. Notwithstanding the foregoing, any stored Patient Data that has been once
uploaded by You to Your Account will be deleted.
9.7 In the event of Your legitimate termination for good cause attributable to SPECLIPSE, or upon termination
according to section 1.3, or termination by SPECLIPSE according to sections 9.4, You shall be entitled to
reimbursement of any prepaid Fees covering the remainder of the term of Your Account after the effective date
of termination or unused portions of Your Paid Subscription(s) purchased. For the avoidance of doubt, in case
of termination in accordance with sections 9.1, 9.2 or 9.3, You shall not be entitled to claim reimbursement
of any advance payments.
10. User Responsibilities and Obligations
10.1 Compliance with Service Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not use the
Service in any manner that could damage, disable, overburden, or impair our servers or networks.
10.2 You agree that you will not publish or make available any Content that, or use the Site or Services in a
manner that:
11. Privacy and Data Protection
11.1 You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have
access to your DERMAP passwords or accounts. It is your sole responsibility to (i) control the dissemination
and use of activation codes and passwords; (ii) promptly inform SPECLIPSE of any need to deactivate a
password.
11.1 We collect, use, store, and share your personal data in accordance with our Privacy Policy, which is
incorporated by reference into these Terms. Please review our Privacy Policy to understand our
practices.
11.2 We comply with the General Data Protection Regulation (GDPR) regarding the collection, use, and retention
of personal data from European Economic Area (EEA) countries.
11.3 Under the GDPR, you have certain rights regarding your personal data. These include the right to access,
rectify, or erase your data, and the right to restrict or object to certain processing of your data.
12. Intellectual Property Rights
12.1 All material available on the Site and all material and services provided by or through SPECLIPSE, its
affiliates, subsidiaries, employees, agents, licensors or other commercial partners including but not limited
to software, all informational text, software documentation, the design and “look and feel”, layout,
photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files,
documents, images, or other materials, whether publicly posted or privately transmitted as well as all
derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service
providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
12.2 Subject to your compliance with all of the terms and conditions of this Agreement, during the term of
this Agreement, SPECLIPSE grants to you a non-transferable, non-sublicensable, non-exclusive, revocable,
limited-purpose right to access and use the Materials that we make available to you. You are not permitted to
download, copy or otherwise store any Materials.
12.3 If SPECLIPSE, in its sole discretion and without notice, considers that there is an immediate security or
operational risk to the Services or any of its, your or a third party system, then SPECLIPSE may immediately
suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement.
You acknowledge that the preservation of security, confidentiality and data is paramount. SPECLIPSE has no
liability to you for suspending the Services under this provision.
13. Submission of Content
13.1 The Site and the Services available thereon enable you to provide or upload content, including but not
limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and
other information or content (collectively, “Content”), to SPECLIPSE for the purpose of providing the
Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or
upload and the consequences for submitting, providing or uploading it.
13.2 You retain ownership of any content you upload to the Service. By uploading content, you grant SPECLIPSE
a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content for the
purpose of providing the Service.
13.3 SPECLIPSE will use Content you upload solely in connection with providing the Services to you, and for no
other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or
the Services, you grant to SPECLIPSE a perpetual, worldwide, non-exclusive, royalty-free license to use,
reproduce, process, display, all or any portion of such Content, solely in connection with providing the
Services to you. This license includes the right to host, index, cache or otherwise format your Content in
order to provide the Services.
13.4 You represent and warrant that you own your Content or have the necessary licenses, rights, consents and
permissions to grant the license set forth herein and that its provision to SPECLIPSE or SPECLIPSE’s use
thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights
or any other intellectual property rights or other rights of any person or entity.
13.5 You agree that SPECLIPSE is not responsible for any violations of any third party intellectual property
rights in any Content that you submit to SPECLIPSE. You agree to pay all royalties, fees and any other monies
owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site.
14. Third Party Sites and Content
14.1 The Site may permit you to link to other websites or resources on the Internet, and other websites or
resources may contain links to the Site. These other websites are not under SPECLIPSE’s control, and you
acknowledge that SPECLIPSE is not responsible or liable for any third party content, including but not limited
to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property
rights of or relating to such third party content or any other aspect of such websites or resources.
14.2 You further acknowledge and agree that SPECLIPSE will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such third party content, goods or services available on or through any such website or
resource. Access and use of third party sites, including the information, material, products and services on
third party sites or available through third party sites, is solely at your own risk.
15. Disclaimer of Warranties
15.1 YOUR USE OF THE SITE, SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES,
INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE
RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPECLIPSE
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND
SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION,
QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
15.2 SPECLIPSE DISCLAIMS ANY WARRANTY THAT THE SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY
THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME SPECLIPSE MAY REMOVE THE SITE OR
CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE
SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT
LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR
OTHER ACTIONS THAT SPECLIPSE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. SPECLIPSE MAKES NO GUARANTEE
REGARDING: (i) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT
(INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICES; OR (ii) THE COMPATIBILITY OF ANY
SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
15.3 SPECLIPSE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY
PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET
SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY SPECLIPSE, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY
OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY SPECLIPSE.
15.4 YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND SERVICES.
SPECLIPSE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES
OR OTHER USERS OF THE SITE AND SERVICES AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
15.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPECLIPSE OR THROUGH OR FROM THE
SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Exclusive Remedy and Limitation of Liability
16.1 YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR
CONDITION, BREACH OF CONTRACT OR TORT, WILL SPECLIPSE OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES,
CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF
SPECLIPSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR
YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT. SPECLIPSE’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO
THE TOTAL AMOUNTS YOU PAID TO SPECLIPSE IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR
DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SPECLIPSE’S LIABILITY IN SUCH PROVINCE, STATE OR
JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR
ANYTHING ELSE HEREIN TO THE CONTRARY, SPECLIPSE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR
BEHALF IN ANY WAY WITH RESPECT TO A BETA TEST OR YOUR PROVISION OF AN INDIVIDUAL’S (INCLUDING YOUR OWN)
PERSONAL INFORMATION TO SPECLIPSE OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS
WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
16.2 THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT
OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN SPECLIPSE
AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO
AGREE THAT SPECLIPSE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE
RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS
ON THE SITE.
16.3 SPECLIPSE will have no liability whatsoever for any damages, liabilities, losses or any other
consequences that you may incur as a result of any modification, suspension or discontinuance of the Site
and/or the Services.
16.4 SPECLIPSE shall not be liable for any delay or failure to perform resulting from causes outside its
reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil
or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor, or materials.
17. Disputes between Patients and Health Professionals
All disputes between you and a Patient are between you and such Patient and not with us. Under no circumstances do we have an obligation to resolve any dispute. Neither you nor any Patient shall have any claim against us arising from a dispute or our resolution of a dispute. You hereby release us from all claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18. User-SPECLIPSE Dispute Resolution
18.1 If you have any disputes with us, you agree to contact us first and attempt to resolve the dispute
informally. If we are unable to resolve the dispute informally, any dispute arising out of these Terms or
relating to the Service will be resolved through binding arbitration, in accordance with the rules of the
International Chamber of Commerce.
18.2 These Terms are governed by and construed in accordance with the laws of Germany. You agree to submit to
the exclusive jurisdiction of the courts located in Germany to resolve any dispute arising out of these Terms
or the Service.
19. Confidential Information
19.1 You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information
acquired, learned or provided from SPECLIPSE during the term of this Agreement or following the expiration or
termination of this Agreement. “Confidential Information” means any information marked confidential or that
ought reasonably to be considered confidential under the circumstances and includes, without limitation, any
business plans, customer lists, operation procedures, trade secrets, design formulas and programming code,
know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
19.2 If you use the Services to collect, store, use or disclose sensitive or personal information about
identifiable individuals, you will only do so in accordance with applicable law, and furthermore take all
measures to protect the privacy and legal rights of those individuals. If Patients or other users of the Site
and/or Services provide you with sensitive information or personal information, you must make such Patients or
users aware that the information is being collected and its intended purpose, and you must provide legally
adequate privacy notice and protection for those Patients or users. If you store personal or sensitive
information, you must do so securely. YOU WILL INDEMNIFY, DEFEND AND HOLD SPECLIPSE HARMLESS FOR ANY FAILURE
TO COMPLY WITH THE FOREGOING, OR FOR ANY CLAIM MADE AGAINST SPECLIPSE BY ANY THIRD PARTY RELATED TO YOUR USE
OF THE SERVICE IN RELATION TO PERSONAL INFORMATION OR SENSITIVE INFORMATION.
20. Miscellaneous
20.1 Terms of Service or any policy, agreement or other terms referenced in the Terms at any time by providing
to You a revised version of the Terms of Service or the respective document ('Revised Terms') in accordance
with section 20.2 below. Fees may also be modified as set forth in section 8.2 above.
20.2 You acknowledge and agree that Your continued use of DERMAP is subject to Your acceptance of Revised
Terms. If You decline Revised Terms before the Effective Date, Your Paid Subscription will terminate effective
the end of the day prior to the Effective Date of the Revised Terms. In such event You shall be entitled to
reimbursement as specified in section 9.7 above.
20.3 In the event any provision of these Terms of Service is held to be invalid or unenforceable, the
remaining provisions of these Terms of Service will remain in full force.
20.4 The article and section headings contained in this Terms of Service are for reference purposes only and
shall not affect the meaning or interpretation of this Terms of Service.
Contacting SPECLIPSE
You may contact SPECLIPSE by email at dermap@speclipse.com or by mail at 4th Floor, Gyeongchang Building, 141,
Unjung-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, South Korea