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DermaView

Terms of Service

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

  • Reads the calibration marker to scale and align images

  • Organizes your photos into a chronological timeline

  • Allows you to export and share your visual records with healthcare providers

 
❌ What DermaView does NOT do — each statement below is a limitation, not a feature:
 

  • DermaView does not diagnose any medical condition or disease.

  • DermaView does not detect, screen for, or identify lesions, abnormalities, or health risks.

  • DermaView does not provide medical advice, diagnosis, or treatment recommendations.

  • DermaView does not replace consultation with a qualified healthcare professional.

  • DermaView does not generate risk scores or probability assessments.

  • DermaView does not flag photos as "suspicious," "concerning," or "abnormal."

  • DermaView does not guarantee any medical outcome.

 
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 upload another person's photos, without their permission

  • ❌ Upload photos of anyone other than yourself. During the Phase A beta program, DermaView is limited to participants aged 18 or older documenting their own skin. Do not upload photos of a child or of any other person — including a family member, and including a child for whom you are the parent or legal guardian. We will tell you if this changes in a future release.

 
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

  • Process your photos to read the calibration marker, scale and align the image, and check image quality

  • Display your photos back to you in the app

  • Enable sharing when you choose to export or share with a healthcare provider

 
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: [TBD — 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 — reading the calibration marker, scaling, alignment, and image-quality checks — is:
 

  • Not Perfect: it may occasionally fail or produce inaccurate results.

  • Not Diagnostic: DermaView does not assess the medical significance of any visual change.

  • Your 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 Medical Care: DermaView does not detect, screen for, or report any health condition, and we are not liable for harm arising from any delay in seeking care.

  • 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 and — if you are a beta participant — the Beta Participant Terms, constitute the entire agreement between you and DermaView. If the Beta Participant Terms conflict with these Terms as to the beta program, the Beta Participant Terms govern for the duration of the beta program.
 
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:
 

 
Legal Notices:
 

 
Privacy Matters:
 

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, availability, and pricing may change or be discontinued at any time.
 
How Your Photos Are Handled During Beta. No DermaView employee, engineer, contractor, or support representative views your photos — during the beta program or after it. Troubleshooting is performed using metadata only. The one narrow exception is disclosure compelled by valid legal process, described in the Privacy Policy.
 
Eligibility. The beta program is limited to participants aged 18 or older documenting their own skin. See Section 4.1.
 
15.2 Privacy Model
 
DermaView's Zero-Trust architecture applies in full, during the beta and after it:
 

  • No DermaView team member views your photos.

  • All troubleshooting and support is performed using metadata only — file dates, device type, error codes — never the images themselves.

  • Your photos leave your account only when you choose to export or share them, and only to the recipient you choose.

 
15.3 Leaving the Beta Program
 
You may leave the beta program at any time. You may delete individual photos from within the app whenever you choose. On request, we will delete your beta account and all associated photos and data within 30 days, consistent with Section 3.4 and the Beta Participant Terms.
 
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 apply to beta service availability, uptime, or support response times. This exclusion does not affect the 30-day deletion commitment in Section 15.3 and the Beta Participant Terms, which we honor in full 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: [date v1.7 goes live — use your publish day] Last Updated: August 7, 2026 Document Status: v1.7

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