1. Acceptance of Terms
Welcome to DermaView. These Terms of Service (“Terms”) govern your access to and use of DermaView’s Progressive Web Application (PWA), website, and services (collectively, the “Service”).
 
By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1.1 Eligibility
To use DermaView, you must:
 
Be at least 18 years of age
Have the legal capacity to enter into a binding contract
Not be prohibited from using the Service under applicable laws
1.2 Updates to Terms
We may modify these Terms at any time. Material changes will be notified via email and in-app notification at least 30 days before taking effect. Your continued use after notification constitutes acceptance of the updated Terms.
 
2. What DermaView Is (and Is Not)
2.1 Documentation Tool — NOT a Medical Device
DermaView is a standardization and documentation tool that helps you create consistent, repeatable skin photographs and organize them into a longitudinal visual record over time.

✅ What DermaView DOES:
Provides calibration markers (physical stickers) for standardized photography
Offers a Progressive Web App (PWA) for capturing and organizing skin photos
Automatically detects calibration markers to scale and align images
Corrects image quality (lighting, blur detection, color balance)
Organizes your photos into a chronological timeline
Allows you to export and share your visual records with healthcare providers

❌ What DermaView DOES NOT DO:
Diagnose any medical condition or disease
Detect, screen, or identify lesions, abnormalities, or health risks
Provide medical advice, diagnosis, or treatment recommendations
Replace consultation with qualified healthcare professionals
Generate risk scores or probability assessments
Flag photos as “suspicious,” “concerning,” or “abnormal”
Guarantee any medical outcomes
 
CRITICAL UNDERSTANDING: DermaView is NOT a medical device as defined by the FDA. We are a documentation and organization tool that falls outside the definition of a medical device under FDA guidance for software functions that are not medical devices.

2.2 For Informational and Organizational Purposes Only
The Service provides:
 
Visual documentation — organized photos of your skin
Standardization tools — calibration markers and auto-scaling
User empowerment — ability to share organized records with your doctor
 
You are responsible for:
 
All medical decisions
Consulting qualified healthcare providers
Interpreting your own visual records with professional guidance
 
3. Account Terms
3.1 Account Creation
To use the Service, you must:
 
Provide accurate and complete information
Maintain the security of your account credentials
Promptly update any changes to your information
Accept full responsibility for all activity under your account
3.2 Account Security
You are solely responsible for:
 
Keeping your password confidential
Notifying us immediately of any unauthorized access
All actions taken through your account (whether or not authorized by you)
 
We are not liable for any loss or damage from your failure to maintain account security.

3.3 Account Types
Free Account: [If applicable — TBD based on Phase B pricing]
Paid Account: [If applicable — one-time kit purchase or subscription TBD]

3.4 Account Termination
Your Right to Terminate:
 
You may delete your account at any time through the app
All data will be permanently deleted within 30 days (see Privacy Policy)
 
Our Right to Terminate: We may suspend or terminate your account if you:
 
Violate these Terms
Engage in fraudulent activity
Abuse the Service or other users
Fail to pay applicable fees (if any)
Pose a security or legal risk
 
Notice: We will provide reasonable notice before termination unless immediate action is required for security or legal reasons.
 
4. Prohibited Uses
You agree NOT to:

4.1 Misuse the Service
❌ Use DermaView as a medical diagnostic tool
❌ Rely solely on DermaView for health decisions without consulting a doctor
❌ Share another person’s account or photos without their permission
❌ Upload photos of minors (unless you are the parent/guardian)
4.2 Violate Laws or Rights
❌ Upload illegal, harmful, or infringing content
❌ Violate any person’s privacy or intellectual property rights
❌ Use the Service for any illegal purpose
4.3 Abuse the System
❌ Attempt to access other users’ accounts or data
❌ Reverse engineer, decompile, or hack the Service
❌ Use automated systems (bots, scrapers) without permission
❌ Overload or disrupt the Service infrastructure
❌ Upload viruses or malicious code
4.4 Commercial Restrictions
❌ Resell or redistribute the Service without authorization
❌ Use the Service for competitive analysis or benchmarking
❌ Create derivative products based on DermaView
 
Enforcement: Violations may result in immediate account termination and potential legal action.
 
5. User Content and Ownership
5.1 Your Content
“User Content” means all photos, notes, and data you upload or create in DermaView.
 
You retain ownership of your User Content.
5.2 License You Grant Us
By uploading User Content, you grant DermaView a limited, non-exclusive, worldwide license to:
 
Store your photos on our servers (Firebase/Google Cloud)
Process your photos for marker detection, scaling, and quality improvement
Display your photos back to you in the app
Enable Sharing when you choose to export or share with healthcare providers
 
Important Limitations:
 
This license is for Service operation only — we do not use your photos for marketing or AI training without explicit opt-in consent
The license terminates when you delete your account (subject to 30-day deletion period)
We never claim ownership of your photos

5.3 Our Content
All DermaView intellectual property (software, designs, trademarks, documentation) remains our property. You may not:
 
Copy, modify, or distribute our software
Use our trademarks without permission
Claim ownership of any DermaView materials
 
License to You: We grant you a limited, non-transferable license to use the Service for your personal, non-commercial use according to these Terms.
 
6. Physical Kit and Product Terms
6.1 Calibration Marker Stickers
The DermaView kit includes physical calibration marker stickers:
 
Purpose: Standardize scale and alignment in your photos
Single Use: Stickers are designed for one-time application
Not a Medical Device: Stickers contain no diagnostic or medical functionality
6.2 Kit Purchase Terms
[To Be Completed Based on Phase B Pricing Decision]
 
Pricing: [TBD — $19 / $35 / $45 based on Phase B price test]
Shipping: [TBD — shipping rates and policies]
Returns/Refunds: [TBD — refund policy for unopened kits]
Subscription (If Applicable): [TBD — Phase C decision based on adherence data]
6.3 Product Safety
Hypoallergenic Adhesive: Stickers use medical-grade, hypoallergenic adhesive. However:
 
Test on a small area first if you have sensitive skin
Discontinue use if irritation occurs
Consult a doctor if you have concerns
 
Not Sterile: Stickers are not sterile; do not apply to open wounds or broken skin.
 
7. Payment Terms (If Applicable)
[To Be Completed Based on Phase B/C Monetization]

7.1 Payment Processing
Processor: Stripe (third-party payment processor)
Accepted Methods: [Credit/debit cards, etc.]
Currency: USD

7.2 Fees and Taxes
All prices displayed include applicable fees
You are responsible for any taxes, duties, or government charges

7.3 Refunds
[Refund policy TBD based on Phase B results — example:]
 
Unopened kits: Full refund within 30 days of purchase
Opened kits: No refund (digital service already accessed)
Defective products: Full refund or replacement
 
8. Disclaimers of Warranties
CRITICAL LEGAL DISCLAIMERS — PLEASE READ CAREFULLY

8.1 No Medical Advice
DermaView DOES NOT provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional for medical concerns.
 
You acknowledge that:
 
DermaView is NOT a substitute for professional medical care
No doctor-patient relationship is created by using the Service
Any actions you take based on DermaView data are at your own risk

8.2 “AS IS” Service
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
 
Implied Warranties of Merchantability — We do not guarantee the Service is fit for any particular purpose
Non-Infringement — We do not warrant that the Service does not infringe third-party rights
Accuracy or Reliability — We do not guarantee error-free operation or uninterrupted availability
Security — While we implement security measures, we cannot guarantee absolute security

8.3 AI Processing Limitations
Our automated image processing (marker detection, scaling, color correction) is:
 
Not Perfect: May occasionally fail or produce inaccurate results
Not Diagnostic: Does not assess medical significance of any visual changes
User Responsibility: You must verify that photos are properly captured and scaled
 
9. Limitation of Liability
MAXIMUM LIABILITY: THE AMOUNT YOU PAID TO DERMAVIEW IN THE PAST 12 MONTHS
9.1 Exclusions
TO THE FULLEST EXTENT PERMITTED BY LAW, DERMAVIEW SHALL NOT BE LIABLE FOR:
 
Indirect or Consequential Damages:
 
Lost profits or revenue
Lost data or information
Business interruption
Emotional distress
Medical complications or health outcomes
 
Specific Exclusions:
 
Medical Decisions: Any harm resulting from your reliance on DermaView data instead of professional medical care
Delayed Diagnosis: Failure to detect or report any health condition (WE DO NOT PERFORM DETECTION)
System Failures: Service outages, data loss, or technical errors
Third-Party Actions: Actions of healthcare providers, insurance companies, or other third parties
9.2 Jurisdictions with Mandatory Liability
Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.
 
10. Indemnification
You agree to indemnify, defend, and hold harmless DermaView, its officers, employees, and agents from any claims, damages, or expenses (including attorneys’ fees) arising from:
 
Your use or misuse of the Service (including during any beta testing period)
Your violation of these Terms
Your violation of any third-party rights
Your reliance on the Service for medical decisions
Any User Content you upload
 
This means: If someone sues us because of your actions, you are responsible for the costs.
 
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles.
11.2 Arbitration Agreement
PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS
 
Binding Arbitration: You and DermaView agree to resolve disputes through binding arbitration rather than in court, except:
 
Small claims court matters (under jurisdictional limit)
Injunctive relief for intellectual property violations
 
Arbitration Rules:
 
Administrator: American Arbitration Association (AAA) or JAMS
Location: Travis County, Texas
Costs: Each party pays their own costs unless otherwise awarded by arbitrator
Individual Basis: No class actions or representative actions
11.3 Class Action Waiver
YOU AND DERMAVIEW AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
11.4 Opt-Out Right
You may opt out of arbitration by sending written notice to 202 Walton Way, Suite 192-133, Cedar Park, TX 78613 within 30 days of first using the Service. If you opt out, disputes will be resolved in the state or federal courts of Travis County, Texas.
 
12. General Legal Terms

12.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and DermaView.

12.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

12.3 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

12.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time (e.g., in a merger or acquisition).

12.5 Force Majeure
We are not liable for any delay or failure to perform due to circumstances beyond our reasonable control (natural disasters, war, internet outages, pandemics, etc.).

12.6 No Agency
Nothing in these Terms creates any agency, partnership, or joint venture between you and DermaView.
 
13. Intellectual Property Claims

13.1 Copyright Policy (DMCA)
If you believe your copyrighted work has been infringed, contact our designated agent:
 
DMCA Agent:
 
Email: DMCA@dermaview.io
Address: 202 Walton Way, Suite 192-133, Cedar Park, TX 78613
 
Required Information:
 
Identification of copyrighted work
Location of infringing material
Your contact information
Statement of good faith belief
Statement under penalty of perjury
Physical or electronic signature
13.2 Repeat Infringer Policy
We will terminate accounts of repeat copyright infringers.
 
14. Contact Information
General Inquiries:
Email: support@dermaview.io
Legal Notices:
Email: legal@dermaview.io
Address: 202 Walton Way, Suite 192-133, Cedar Park, TX 78613
Privacy Matters:
Email: privacy@dermaview.io
 
15. Beta Testing Terms (Phase A Only)

15.1 Beta Program Participation
By joining the DermaView beta program, you acknowledge:
 
Limited Release: This is a prototype validation phase. Features, pricing, and availability may change.
 
Zero-Trust Privacy During Beta: DermaView's Zero-Trust architecture applies from day one. No DermaView team member will ever view your photos — including during beta testing. All debugging uses metadata only. If image-level issues arise, synthetic test images are used. Your real photos are never accessed by any human.

15.2 Post-Beta Privacy Model
After beta completion and public launch, the full Zero-Trust architecture applies:
• No human access to photos without explicit user permission
• All support provided through metadata-only debugging
• User-initiated sharing only (for support or healthcare provider sharing)

15.3 Beta Termination Rights
You may exit the beta program at any time and request immediate deletion of your test data.

15.4 No Warranty for Beta Service
THE BETA SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY. You acknowledge that:
• Beta software may contain bugs or errors
• Service may be interrupted or unavailable
• Data loss may occur (though we take reasonable precautions)
• No service level agreements (SLAs) apply during beta
 
Medical Disclaimer for Beta Participants:
The beta service is not intended for medical decision-making. Do not delay seeking professional medical attention or disregard medical advice based on any aspect of the beta service. DermaView’s beta documentation tools are under active development and may not function as intended.
 
Assumption of Risk:
By participating in the beta program, you assume the risks inherent in using pre-release software, including but not limited to: incomplete functionality, data loss, service interruptions, and inaccurate image processing results.
 
Applicability of General Terms: The indemnification obligations (Section 10) and limitation of liability (Section 9) apply to your use of the beta service.
 
16. Acknowledgment and Acceptance
BY USING DERMAVIEW, YOU ACKNOWLEDGE THAT:
 
✅ You have read and understood these Terms
✅ You agree to be bound by these Terms and the Privacy Policy
✅ You understand DermaView is NOT a medical device and does not provide medical advice
✅ You will consult qualified healthcare professionals for medical concerns
✅ You accept the limitations of liability and disclaimers stated herein
✅ You understand disputes will be resolved through arbitration (unless you opt out within 30 days)
 
Effective Date: 2/21/2026
 
Last Updated: February 28, 2026
Document Status: v1.5