General Terms

2-MINUTE SUMMARY

Do you find Terms of Use long, difficult and an abundance of legal jargon? So do we! However, we think it is important to inform you on how to use Skindr. That's why we have created this summary for you with Skindr, which you can read in less than 2 minutes. This summary will give you all the information you need in no time.

First of all, what is Skindr?

• Skindr offers digital services to patients and doctors (healthcare practitioners) via a digital platform 'Skindr-Platform', allowing them to interact from a distance.
• Skindr cannot be held liable in any way for the answers entered, the information delivered and/or the advice given by the doctor (healthcare professional) indicated by the patient.

When can you use Skindr?

• To use Skindr, you must accept our Terms of Use. Herein are the rules for using our Skindr Platform and Services.
• You must also agree to our Privacy Policy. The personal data you share with us will always remain your property and Skindr will only use it to provide the Services to you through the Skindr Platform. For more information on this subject, we invite you to review our Privacy Policy.

Specifically for patients:

• When you register, you must provide us with personal data and be at least 16 years old. A doctor (healthcare professional) is authorised to verify that a minor patient is capable of a reasonable assessment of his/her interests while using the Skindr Platform.
• You may also use Skindr for your child(ren), by adding your child(ren) to your account and profile or by creating an account and profile for the person you represent as a caregiver or representative.

Specific to doctors or healthcare professionals:

• When you register, you must provide us with personal data and have the necessary professional expertise as a doctor or healthcare professional.

How can you use Skindr?

• You may only use our Skindr Platform and Services as intended and you are jointly responsible with us for the confidentiality of your use.
• Specific to patients: you may only use our Skindr Platform and our Services for private purposes.
• Specifically for doctors or healthcare professionals: you may only use our Skindr Platform and our Services for professional purposes (i.e. related to your medical professional activity).
• If you breach our Terms of Use, you risk being banned from using our Skindr Platform and Services.
• If you need technical support, you can always email us at care@skindr.com.

Also important to know:

• Skindr will always remain the owner of the Skindr Platform and Services and all related intellectual property rights. You will always remain the owner of your personal data.
• Our Terms of Use may be updated from time to time. We recommend that you check these Terms of Use regularly.

Would you like to know more? Then we invite you to read our full Terms of Use, which explains everything in detail.

DISCLAIMER: We encourage you to read these Terms of Use carefully before using the Skindr Platform and the Services (as defined in the Terms of Use below). By ticking "I agree to the Terms of Use", you agree that your use of the Services is governed by these Terms of Use. We recommend that you keep and print a copy of these Terms of Use for future reference.

DISCLAIMER: Do not ignore the advice of your doctor or healthcare professional or wait to seek advice because of something you have read through the Services. We will not be liable for any negligence by the doctor or healthcare professional of not following up with a patient in any way or in a timely manner, especially if deemed extremely necessary.

DISCLAIMER: We license the Services on an "as is" and "as available" basis and make no warranty of any kind, whether express, implied, statutory or otherwise, with respect to the Services (including any content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. To use these Services, you must first read and accept our Privacy Policy. You are prohibited from using our Services without first accepting our Privacy Policy.

1. Applicability and object 

1.1 These Terms of Use apply to the Skindr Services and Skindr Platform offered by Skindr through the channels provided for that purpose, including the website www.skindr.com, to each request for quotation for the Skindr Services, to each purchase order for the Skindr Services and all deliveries thereof.

By using the Skindr Platform and the Skindr Services in any way, the User agrees to these Terms of Use.

1.2 The User represents and warrants that he/she has the necessary legal authority to agree to and accept these Terms of Use.

1.3 The Terms of Use are provided electronically. A printed version of the Terms of Use is available on request at care@skindr.com.

ARTICLE 2. Definitions

In these Terms of Use, the terms below have the meanings indicated next to them. c xds

GDPR 

European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, also known as the General Data Protection Regulation.

Third Parties

Any natural person or legal entity other than a User, Skindr or a representative of Skindr, including but not limited to independent service providers.

Terms of Use

These general terms and conditions applicable to the Skindr Services.

Intellectual Property Rights

All now known or subsequently additional (i) copyrights, neighbouring rights and moral rights, (ii) trademark or service mark rights, (iii) trade secret right, know-how, know-how/expertise, (iv) patents, patent rights, industrial property rights (v) layout rights, design rights, design rights (vi) supplementary protection certificates (vii) trade and business names, domain names, database rights, rental rights and all other industrial and intellectual property rights or similar rights (whether registered or unregistered) (viii) all registrations, applications for registration, services for registration, renewals, extensions, subdivisions, subdivisions, improvements or reissues relating to these rights and the right to apply, maintain and enforce any of the foregoing, in any case and in any jurisdiction worldwide, for so long as such protection is in force.

User

The Private User and/or Professional User who has entered into an Agreement with Skindr.

Delivery

The performance of the Agreement.

Agreement

The agreement established between Skindr and the User as stipulated in Article 6.4 (for the Private User) and Article 6.5 (for the Professional User) of these Terms of Use.

Private User

The natural person not acting in the exercise of his professional activity or business, in particular a patient.

Personal Data

Any information about an identified or identifiable person.

Privacy Policy

Skindr's privacy statement regarding the processing of personal data in connection with the Website and the Skindr Services.

Professional User

The doctor or other healthcare professional acting within the scope of his medical professional activities.

Skindr

Skindr BV, a limited liability company under Belgian law, with its registered office at Nieuwebosstraat 64, 9000 Ghent, registered with the Crossroads Bank for Enterprises under enterprise number 0784.506.141.

Skindr-Services or Services

Services related to the Skindr Platform made available by Skindr.

Skindr-Platform or Platform

The Skindr application provided by Skindr, the related Skindr dashboard web pages of the skindr.com domain and the interfaces provided by Skindr BV.

Website 

The website www.skindr.com.

Article 3. Description of the skindr services

3.1 Skindr is a software company that, through a digital platform 'Skindr-Platform', via the Website and/or via the mobile application, facilitates the following Services:

• Online - asynchronous - consultations with a patient's self-selected doctor or other healthcare professional. By answering questions, uploading pictures and possibly entering into an online - asynchronous - conversation between the patient and the self-selected doctor or other healthcare professional, possible medical problems can be indicated and medical advice (including any treatment plan) can be given. 

2. Skincare advice and all other derived services and products of Skindr, including but not limited to the follow-up and evolution of conditions, the provision of personalised pathways and advice (incl. the provision of care products).

Article 4. Support, maintenance and modifications

4.1 If the User requires technical support while using the Skindr Platform and the Skindr Services, the User may contact Skindr at care@skindr.com. Skindr will make reasonable efforts to answer the User's questions in the shortest time possible and resolve any technical issues with the Skindr Platform and the Skindr Services. 

4.2 Skindr reserves the right to update, modify, supplement or change the Skindr Platform and the Skindr Services at any time, at its sole discretion, with or without cause and without prior notice to or liability to the User. This includes the removal or discontinuation, temporarily or permanently, of any Service or other feature of the Skindr Services and/or functionality of the Skindr Platform without any liability to the User or Third Parties.

Any such changes, additions or amendments to the Skindr Services and/or the Skindr Platform shall take effect immediately after they have been made available on the Platform, via the Website and/or the mobile application, or after the User has been notified thereof.

By continuing to use the Skindr Platform and the Skindr Services after the specified time, the User agrees to the changes, additions or modifications of the Services.

4.3 Access to the Skindr Platform and the Skindr Services may be interrupted at any time, in whole or in part, at Skindr's sole discretion, with or without cause and without prior notice to or liability to the User for, but not limited to, maintenance or migration purposes.

Article 5. Acceptable use

5.1  The Skindr Platform and the Skindr Services are only made available to the User and to the extent that the User's use of this Platform and these Services corresponds to the described purposes. 

The Skindr-Platform, facilitated via the Website and/or the mobile application, cannot be qualified as a medical device.

5.2 The Skindr Platform and the Skindr Services can only be used by the Private User by natural persons, subject to Belgian social security legislation and who are at least 18 years old. Skindr can be used for natural persons under the age of 18 (the ''Child''), if the parent/guardian adds the Child to his or her account allowing a (online) consultation for the Child to be requested via the Website and/or the mobile application. The Skindr Platform and the Skindr Services may not be used for commercial or business purposes unless Skindr has approved the User as a partner.

5.3 Pursuant to the Terms of Use, the Skindr Platform and the Skindr Services may only be used by the Professional User in the event that he or she meets one of the following conditions:

- any natural person independently exercising a professional activity as a doctor or other healthcare professional;

- any natural person with the required competence of medical or medical-nursing expertises who is part of a legal entity which has been wholly or partly established for the purpose of exercising the medical professional activity; or

- any natural person with the required competence of physician or other healthcare professional who is part of any other unincorporated organisation that has been established in whole or in part for the purpose of exercising the medical professional activity.

5.4 With regard to the use of the Skindr Platform and the Skindr Services, each User is obliged:

- comply with the provisions of the law, regulations, decree, ordinance or decision of the federal, regional, local or international authorities;

- refrain from manipulating the information provided, by any means or technique;

- not send any data, messages or documents via the Skindr Platform and the Skindr Services, or load any data or documents via the Skindr Platform and the Skindr Services:

a) which violates the rights (including, but not limited to, moral rights or intellectual property rights) of any Third Party or the providers of the Services;

b) whose content is harmful, defamatory, violent, unlawful, obscene or degrading or violates the privacy of Third Parties;

c) whose use or possession by the User is prohibited by law or agreement;

d) that contain viruses or instructions that may damage the Skindr Services and/or the providers of the Services and/or interfere with or disrupt the services provided through the Services.

5.5 Iedere Gebruiker is volledig verantwoordelijk voor alle activiteiten die hij/zij met het Skindr-Platform en de Skindr-Diensten verricht. Iedere Gebruiker verbindt zich ertoe om Skindr onmiddellijk te waarschuwen ingeval van ongeoorloofd gebruik van het Skindr-Platform en de Skindr-Diensten en/of enige andere schending van de beveiliging ervan. Skindr kan niet aansprakelijk worden gesteld voor verlies of beschadiging als gevolg van niet-naleving van deze vereiste.

5.5 Each User is fully responsible for all activities he/she undertakes with the Skindr Platform and the Skindr Services. Each User undertakes to notify Skindr immediately in case of any unauthorised use of the Skindr Platform and the Skindr Services and/or any other breach of its security. Skindr shall not be held liable for any loss or damage resulting from non-compliance with this requirement. Each User is co-responsible for the security and confidentiality of their identification data in the context of their access to the Skindr account. To help protect the User from unauthorised access his/her account, the User is advised not to exchange his/her identification data with Third Parties and not to disclose it.

5.6 The User is not permitted to distribute or make available the Skindr Platform and the Skindr Services to Third Parties, except with express written agreement from Skindr.

5.7 In order to use the Skindr Platform and the Skindr Services, each User must have an internet connection. The User is solely responsible for the telecommunications of computer network equipment necessary to use the Skindr Platform and the Skindr Services. The User is solely responsible for making these available.

5.8 Skindr reserves the right, but has no obligation, to monitor and remove any User content deemed to violate the provisions of the Terms of Use or to be inappropriate, or which violates the rights of Third Parties or applicable laws or regulations.

5.9 Skindr may immediately terminate the User's use of the Skindr Platform and the Skindr Services at any time if the User provides incorrect, incomplete or inaccurate information when subscribing to the Skindr Platform and the Skindr Services or at any other time during the provision of the Skindr Services.

5.10 Skindr may immediately restrict, terminate or suspend the User's use of the Skindr Platform and the Skindr Services at any time, without prior notice or liability, in its sole discretion, for any reason and without limitation, including, but not limited to, a violation of the Terms of Use or other instructions, guidelines or policies (including, but not limited to, the Privacy Policy). Any such suspension by Skindr will continue until the User has remedied the breach that led to the suspension or limitation.

Article 6: Purchase order, acceptance and payment of compensation

For Private Users

6.1 In order for a Private User to use the Skindr Platform and the Skindr Services, the placing of a purchase order, through the channels provided for that purpose, is required.

The Terms of Use (and thus the Agreement between the Private User and Skindr) are effective from the moment the Private User places a purchase order, as well as registers on the Skindr Platform and shall remain in force until it is terminated, or, if neither of these events occurs, for as long as the Private User continues to use the Skindr Services. In the event that Skindr elects to discontinue the provision of the Skindr Services, or to grant a Third Party the right to provide the Skindr Services, Skindr shall give the User at least one month's notice.

6.2 The Skindr Platform and the Skindr Services can be used against payment of a fee as stated on the Website. All fees on this Website are indicated in euros. Skindr reserves the right to change the fees and the offer of the Website at any time.

6.3 Before carrying out a purchase order, the Private User has the opportunity to review, verify and accept the full fee that will be charged for the order.

The fees must be paid by online payment via credit card, bank transfer or other means of payment. For payment, the Private User is redirected to the payment platform of a Third Party. By using this external service, the Private User agrees to the General Terms and Conditions of this Third Party.

If during the purchase process the price to be paid cannot be deducted from the Private User's account (balance insufficient, wrong account number, technical problems, etc.), the sale is deemed not to take place.

The provision of the payment options does not imply any liability on the part of Skindr that the payment system would be faultless, without breakdowns, interruptions or errors. Skindr shall not be liable for any damages, direct or indirect, resulting from the execution of a payment.

Skindr reserves the right to check the validity and sufficiency of the Private User's means of payment prior to purchase.

6.4 The purchase order is established, subject to the provisions of the preceding paragraph of this Article 6 of the Terms of Use, at the moment of acceptance by the Private User of the offer and fulfilment of the conditions set, including its payment.

Skindr confirms, through the channels provided for this purpose, the acceptance of the purchase order. From the moment of acceptance of the purchase order, the offer is converted into an Agreement between Skindr and the Private User. As long as the purchase order is not confirmed by Skindr and thus no Agreement has been established, the Private User has the option to cancel the purchase order.

For Professional Users

6.5 The Skindr Platform and the Skindr Services are made available and the fees to the Professional User are regulated in accordance with the agreement "service agreement" entered into with Skindr. The purchase order for the use of the Skindr Platform and the Skindr Services comes into effect at the time of signing the agreement "service agreement".

6.6 Under no circumstances shall any payment from the Private User (patient) to Professional User (physician or healthcare practitioner) for the medical advice provided or any consultation arranged through the Skindr Platform and the Skindr Services. For payment, the Private User will be redirected to the payment platform of a Third Party.

Article 7. Registration

7.1 For the Skindr Platform and the Skindr Services offered on the Website and/or via the mobile application, the User is invited to register and communicate Personal Data. The User expressly agrees to:

1. provide true, accurate, current and complete information about himself/herself as requested in the registration form; and
2. promptly and spontaneously update this information in the event of any changes.

7.2 Skindr reserves the right, where it has reasonable suspicions that the information provided is false, inaccurate, incomplete or outdated, to suspend or refuse the requested Skindr Service.

Article 8. Delivery

The invitation to register, as described in Article 7 of the Terms of Use, will be remitted to the User within the specified period, following the purchase order, unless a longer period has been specified.

Article 9. Warranty and disclaimers

By Skindr

9.1 All warranties, conditions and representations otherwise implied by applicable law in relation to the Skindr Services are excluded to the fullest extent permitted by law and are disclaimed. Except as expressly provided in the Terms of Use and to the extent permitted by applicable law, the Skindr Platform and the Skindr Services are provided "as is". Skindr makes no (and hereby disclaims all) other warranties, covenants or representations and conditions, whether written, oral, express or implied and without limitation, and all implied warranties as to adequate quality, treatment, trade usage or practice, merchantability, fitness for purpose, availability, title, non-infringement or fitness for a particular use or purpose, and this subject to the use, misuse or inability to use the Skindr Platform and the Skindr Services provided by Skindr to the User. In particular, Skindr does not represent or warrant that the Skindr Platform and the Skindr Services are free from errors, viruses or other harmful components, or that defects will be corrected. In this respect, the User must take his/her own precautions. Skindr does not warrant that:

- all errors can be corrected or access to or operation of the Products will always be uninterrupted, secure and error-free;

- the information, including but not limited to the results, available on the Skindr Platform and the Skindr Services is true, complete and accurate.

9.2 Specific to the Private User: the Private User expressly acknowledges and agrees that Skindr shall not be liable for any health-related decisions made by the Professional User (physician or healthcare practitioner) and/or taken by the Private User or Third Parties based on the results resulting from the Skindr Services, whether or not such data is accurate.

Specific to the Professional User (physician or healthcare practitioner): the Professional User expressly acknowledges and agrees that Skindr shall not be liable for any health-related decisions or advice that the Professional User as physician or other healthcare practitioner takes and/or Third Parties take based on the results resulting from the Skindr Services, whether or not such data is accurate.

9.3 The User expressly acknowledges and agrees that his/her use of the Skindr Services and the results are at his/her own risk. The User acknowledges and agrees that there are risks associated with sending and storing information over the internet and that Skindr shall not be liable for any loss of data, including, but not limited to, results and all related usage content.

9.4 As provided herein, Skindr shall indemnify and defend the User against substantiated and valid claims by Third Parties to the extent that the claim is based on an infringement of the Third Party's Intellectual Property Rights by the Skindr Platform, the Skindr Services and/or related documentation and excluding claims resulting from:

- the unauthorised use of the Skindr Platform and the Skindr Services by the User;

- the modification of the Skindr Platform and the Skindr Services by the User or by Third Parties;

- the User's failure to use the latest version of the Skindr Platform and the Skindr Services and/or documentation made available to the User or its inability to integrate or install corrections to the Skindr Platform, the Skindr Services and/or Documentation when Skindr has indicated that the update or correction was necessary to prevent a potential breach;

- the use of the Platform and Services by the User in combination with products or services that are not specifically from Skindr.

9.5 Any such indemnification obligation shall be subject to the following conditions:

- Skindr shall be promptly notified in writing of any such claim or demand;

- Skindr shall determine the defence and settlement of such claim in its sole discretion;

- at Skindr's request, the User shall cooperate fully with Skindr in the defence and settlement of such claim at Skindr's expense;

- the User makes no representations as to Skindr's liability in respect of any such claim, nor does the User agree to any settlement in respect of any such claim, without Skindr's prior written consent.

If these conditions are met, Skindr shall indemnify the User for all damages and costs incurred by the User as a result of such claim, as awarded by a court of last resort having jurisdiction or as agreed in the settlement with the plaintiffs.

9.6 If, in Skindr's reasonable opinion, the Skindr Platform and the Skindr Services are likely to be the subject of an infringement claim by a Third Party, Skindr reserves the right, in its sole discretion and at its own expense:

- modify the Skindr Platform and the Skindr Services (or the (allegedly) infringing part thereof) so that the infringement no longer exists but the equivalent functionality is maintained;

- obtain for the User a licence to continue using the Skindr Platform and the Skindr Services in accordance with the Terms of Use;

- terminate the Agreement (in particular the Terms of Use) and pay the User an amount equal to a proportionate part of the Fees for that part of the Skindr Platform and the Skindr Services to which the infringement relates.

By the User

9.7 The User shall indemnify and hold Skindr harmless from any claim, demand, loss, liability or damage of any kind, including reasonable attorneys' fees, whether in tort or contract, that they or any of them may face as a result of a claim by a Third Party relating to:

- its breach or violation of any provision of the Terms of Use or other instructions or policies;

- content infringing a Third Party's Intellectual Property Rights;

- fraud, wilful misrepresentation or gross negligence on its part.

9.8 Skindr is under no obligation to the User to back up any User content and/or results. The User agrees that use of the Skindr Services in violation of or in breach of the User's terms and warranties in this section constitutes an unauthorised and inappropriate use of the Skindr Platform and the Skindr Services.

Article 10. Right of withdrawel

10.1 However, the Skindr-Platform and the Skindr-Services - consisting of the provision of the digital content that is not delivered on a tangible medium - should be considered as an exception to the right of withdrawal because (i) the User has agreed to start the Skindr-Services and (ii) the User acknowledges that he/she thereby loses his/her right of withdrawal. As such, the User cannot claim a right of withdrawal in relation to the Skindr Platform and the ordered Skindr Services.

10.2 By agreeing to the Terms of Use and completing the registration procedure, the User confirms that he/she has access to the intended use of the Skindr Platform and the Skindr Services as stated in the Terms of Use. Consequently, the User confirms and accepts that he/she gives up his/her right of withdrawal as soon as the Skindr Services are provided by Skindr following registration on the Skindr Platform. This implies that, from that moment, the User is obliged to comply with the Terms of Use, without prejudice to the right to withdraw his/her consent to the processing of his/her Personal Data in accordance with the Privacy Policy.

10.3 Where the Skindr Platform, the Skindr Services or the Website use Third-Party services, the terms and conditions of such Third-Party services may potentially apply. By using such Third Party Services, the User accepts the applicable terms and conditions. Skindr does not accept any liability for the content of the terms and conditions of Third Parties.

Article 11. Refund Policy

11.1 Notwithstanding Articles 10.1 and 10.2 of the Terms and Conditions of Use, Skindr may provide a full refund to the Private User if that User, after the completion of the registration procedure, has not enjoyed any values.

A Private User, after the completion of the registration procedure, has enjoyed value when he/she has received one or more of these items:

• The Private User has received a diagnosis from the Professional User.
• The Private User has received advice or treatment from the Professional User.
• The Private User has received a physical appointment with the Professional User faster than usual.

A Private User has, after completing the registration process, enjoyed no value in the event of, but not limited to, one or more of the following situations:

• The Private User has not received a diagnosis from the Professional User.
• The Private User has not received advice from the Professional User.
• The Private User has not received a diagnosis or advice from the Professional User and has to physically visit the Professional User without getting an appointment faster than the current waiting time.

11.2 A Private User may request a refund, as stipulated in the preceding Article 10.1(1), by sending an email to care@skindr.com, stating the following details: (i) the name and email address with which the Private User performed the consultation, (ii) the date on which the Private User performed the consultation and (iii) the reason for refund.

Upon receipt of the refund request, Skindr will evaluate this request from the Private User. In case the Private User is entitled to a refund, this will be communicated to the Private User by e-mail. A refund will then be made via Skindr's payment partner to the same account number with which the Private User made the payment. The refund may take up to two weeks.

Article 12. Liability

12.1 Skindr shall make reasonable efforts and use all available resources so that the Skindr Platform and the Skindr Services are of quality.

12.2 Except to the extent permitted by applicable law, Skindr's liability under the Terms of Use in respect of any event (or series of related events) shall not exceed all fees paid by the User to Skindr under the Terms of Use for a period of twelve (12) months applicable on the date of the event (or last of the series of related events) giving rise to any claims by the User and these by cause of action.

In accordance with this article of the Terms of Use, the User agrees that Skindr can only be held liable on the basis of the Terms of Use to the extent of damages suffered by that User that are directly attributable to Skindr. For the avoidance of doubt, Skindr cannot be held liable for claims arising from the unauthorised use of the Skindr Platform and the Skindr Services by the User or the use of the Skindr Platform and the Skindr Services in combination with products or services that do not belong to Skindr.

12.3 To the extent permitted by law, in no event shall Skindr be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect the User's computer hardware, computer programmes, data or other protected material through the User's use of the Skindr Services.

12.4 Any loss, material or physical damage that the Private User may suffer as a result of the actions, omissions and/or medical advice of a Professional User (physician or healthcare professional) within the therapeutic relationship with that Professional User is outside the scope of the Terms of Use. Such liability shall be governed in accordance with applicable health law and the professional liability of a healthcare professional. Under no circumstances can Skindr be held liable.

Skindr cannot be held liable for the failure to maintain the (medical) services, the failure to deliver the (medical) services on time and/or the failure of the Professional User (doctor or healthcare professional) to deliver the (medical) services accurately. The Professional User is responsible for prompt and efficient follow-up of the Private User in any way. Skindr shall not be liable for the Professional User's failure or untimely follow-up in the event of any aggravation of the problems and/or complaints indicated by the Private User.

12.5 Regarding the Skindr Services, Skindr cannot be held liable for the correctness, completeness or accuracy of the information provided, such as but not limited to the answers entered, the information delivered and/or the (medical) advice given, by a User.

12.6 Information, images, verbal communications, statements, etc. regarding all offers and the main features of the Skindr Platform and the Skindr Services provided by telephone, e-mail or online via the Website are (re)presented or made as accurately as possible. Skindr shall not be liable for any opinions, printing and typesetting errors it provides on its Website.

Skindr reserves the right to correct any erroneous information about the Skindr Platform and the Skindr Services.

12.7 The Website may contain or indirectly link to websites or pages of Third Parties (including but not limited to its licensors and other service providers). The inclusion of links to such websites or pages in no way implies an implicit endorsement of their content by Skindr. Skindr is not responsible for the content of linked websites or pages or their use.

Where Skindr or the Website use Third Party services, such as for example payment services, the terms and conditions of such Third Party service providers may potentially apply. By using such Third Party services, the User accepts the applicable terms and conditions. Skindr does not accept any liability for the content of the terms and conditions of Third Parties.

Nor can Skindr be held responsible for the actions, advice, errors, omissions, representations, warranties or violations of any Professional Users (doctors or healthcare professionals) and/or Third Parties.

Article 13. Intellectual property and user rights

13.1 All Intellectual Property Rights that may or shall be exercisable in respect of the Skindr Platform and the Skindr Services, any related software and/or documentation provided anywhere and at any time belong exclusively to Skindr and/or its licensors. Nothing in the Terms of Use purports to transfer these Intellectual Property Rights, in whole or in part, to the User.

13.2 All rights in and to the Skindr Platform and the Skindr Services not expressly granted to the User in the Terms of Use are reserved to Skindr. Except as expressly provided in the Terms of Use, no express or implied licence is granted to the User in respect of the Skindr Platform and the Skindr Services or any part thereof, including any right to obtain any source code, data or other technical material relating to the Skindr Platform and the Skindr Services.

13.3  Upon registration for the Skindr Services on the Skindr Platform ex Article 7 of the Terms of Use, Skindr grants the User a revocable, temporary, non-exclusive, personal, non-sublicensable and non-transferable licence to use the Platform, via the website and/or the mobile application, in accordance with these Terms of Use. The User is not permitted to use the Platform for commercial purposes, except with the written consent of Skindr. The User must use the Platform only in full compliance with (i) these Terms of Use, (ii) any additional instructions or policies issued by Skindr, including, but not limited to, what is or will be posted on the Website, (iii) all applicable laws and regulations and (iv) additional documentation provided.

13.4 The User undertakes not and shall not attempt to, directly or indirectly:

1. return any software in whole or in part to its source code (reverse engineering) or disassemble, decompile or attempt to reconstruct or discover, copy or modify in any way the source code, underlying ideas, algorithms, file formats or programming interfaces of the Skindr Platform and the Skindr Services;
2. distribute, assign, sell, transfer, lease, rent, trade, sublicense or encumber, make available to any Third Party the Skindr Platform and the Skindr Services or any related software thereof or use any related software thereof on behalf of any Third Party except pursuant to an express written consent of Skindr;
3. alter, remove, delete, render illegible or obscure any copyright notice(s) or notice(s) of any other Intellectual Property Right, product identification, digital watermarks, proprietary legend or other notices contained in the Skindr Platform and the Skindr Services, in any related software thereof or in any supplementary documentation provided;
4. modify, adapt or alter any part of the Skindr Platform and the Skindr Services except to the extent expressly authorised in writing by Skindr;
5. make or create derivative works based on the Skindr Platform and the Skindr Services or any related software thereof or integrate the Skindr Platform and the Skindr Services into or with any other software, except to the extent expressly permitted by Skindr in writing;
6. gain or other unauthorised access to Skindr's IT infrastructure or structure to access the Skindr Platform and the Skindr Services or any related software thereof or to use the Skindr Platform and the Skindr Services to conduct or promote illegal activities;
7. use the Skindr Platform and the Skindr Services or any related software thereof to generate unsolicited e-mail advertisements or spam;
8. use any automatic, electronic or manual high-volume process to access, search the Skindr Platform and the Skindr Services or any related software thereof or gather information about the Platform and the Services (including but not limited to robots, spiders or scripts);
9. intentionally impersonate any other person or entity;
10. intentionally distribute worms, Trojan horses, corrupted files or other items of a destructive, deceptive, destructive or misleading nature on the Skindr Platform and the Skindr Services, in any related software thereof or in any supplementary documentation provided for any form of unlawful, invasive, infringing, defamatory or fraudulent purpose;
11. remove or otherwise circumvent any technical or other protective measures in the Skindr Platform and the Skindr Services, in any related software thereof or in any supplementary documentation provided.

13.5 By uploading, creating or otherwise transferring information, data or images through the Skindr Platform and the Skindr Services and without prejudice to the provisions of the Privacy Policy, the User grants to Skindr a non-exclusive, royalty-free, worldwide, sublicensable and transferable licence to use, copy, store, modify, transmit and display the User content to the extent necessary to supplement and update the Skindr Platform and the Skindr Services.

Article 14. Privacy and processing of personal data

14.1 Skindr attaches great importance to protecting the privacy and Personal Data of Users. Skindr respects all relevant legislation in force, including the GDPR, when processing Personal Data. Skindr's Privacy Policy includes an explanation of how Skindr obtains and processes Personal Data. The Privacy Policy is available on the website page www.skindr.com/privacy.  

14.2 Before using the Skindr Platform and the Skindr Services, the User must agree to Skindr's Privacy Policy.

With regard to changes, additions and/or amendments to the Privacy Policy, the User will be notified separately in accordance with Article 1 of the Privacy Policy.

14.3 The User shall always remain the owner of his/her Personal Data. Skindr processes a User's Personal Data solely for the purpose of providing the Skindr Services, informing the User and improving its Skindr Platform and Skindr Services.

Article 15. Force Majeure

15.1 Skindr cannot be held liable for any failure or delay in the performance of its obligations in relation to the Skindr Platform and the Skindr Services if such failure or delay is due to a force majeure event, nor for any damage suffered by the User as a result of a force majeure event being an unavoidable and unforeseeable cause or circumstance beyond Skindr's control or otherwise defined in accordance with Belgian law, such as but not limited to war, strikes, lockouts, riots, epidemics, pandemics, fire, communication failures, power outages, earthquakes, other disasters or unauthorised access to Skindr's information technology systems by Third Parties.

15.2 Skindr invoking a Force Majeure Event shall notify the User in writing as soon as reasonably practicable of the Force Majeure Event, as well as its estimated duration, and take all reasonable steps to mitigate the effects of the Force Majeure Event. Skindr will also notify the User when the force majeure event has ended.

15.3 If the provision of the Skindr Services is delayed or otherwise disrupted as a result of - even a partial result of - a Force Majeure event, Skindr shall not be liable to pay any damages, indemnities or penalties to the User in respect of the User's failure to perform or properly perform the Skindr Services.

Article 16. Invalidity

If any provision of these Terms of Use - for any reason - is declared invalid, void or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect and the invalid, void or unenforceable provision shall be deemed amended so as to be valid and enforceable to the maximum extent permitted by law.

Article 17. Waiver

17.1 Failure to enforce any provision of these Terms of Use and/or the Agreement shall never constitute a waiver of the rights and/or obligations under that or any other provision.

17.2 Failure to enforce any particular provision of these Terms of Use and/or the Agreement shall not constitute a waiver of that or any other provision.

Article 18. Entire agreement

These Terms of Use, together with the Privacy Policy, constitute the entire Agreement and between the User and Skindr. These Terms of Use supersede all prior proposals, understandings and all other oral or written agreements between the User and Skindr relating to this subject matter.

Article 19. Assignment

19.1 Skindr may freely transfer the rights and obligations set out in the Agreement and/or these Terms of Use without notice to and consent of the User.

19.2 The User may not transfer the Agreement and/or these Terms of Use or the rights and obligations arising from the Agreement and/or these Terms of Use to a Third Party without Skindr's prior written consent.

19.3 The Agreement and these Terms of Use shall be binding on and for the benefit of the Parties and their respective successors and assigns.

Article 20. Notices

All notifications from Skindr that are intended to be received by the User shall be deemed delivered and effective when sent to the email address that the User provided when he/she registered for the Skindr Platform and the Skindr Services. If the User changes this email address, the User must also change his/her email address on the personal settings page.

Article 21. Survival

Articles 9, 13.1, 13.2, 12 and 23 of the Terms of Use remain in force after the termination or expiry of the Agreement.

Article 22. Amendments to the terms of use

22.1 Skindr reserves the right, at any time, with or without cause and without prior notice to or liability to the User, to amend, supplement or change these Terms of Use.

Any such amendments, additions or changes to the Terms of Use shall take effect immediately upon notice to the User.

By continuing to use the Skindr Platform and the Skindr Services after the specified time, the User agrees to the amendments, additions or modifications of the Terms of Use.

22.2 The User does not have the right to amend, supplement or modify these Terms of Use in any way.

Article 23. Applicable law and jurisdiction

ARTICLE 23. APPLICABLE LAW AND JURISDICTION The Terms of Use shall be exclusively governed by and construed in accordance with Belgian law without regard to any conflict of laws or rules. The courts and tribunals of the judicial district of East Flanders, Ghent division have exclusive jurisdiction if a dispute arises regarding the interpretation or execution of these Terms of Use.

‍