photos with your smartphone.
Store images in a secure cloud -
not on your phone with your family photos.
Share with colleagues securely
and get valuable opinions on tough cases.
The "Application" shall mean the software provided by Dermtap to offer services related to Dermtap, to be used on Apple iOS devices (and any upgrades from time to time and any other software or documentation which enables the use of the Application).
As is explained in more detail below, the Application and Dermtap’s service is an informational and management aid only, designed to facilitate the exchange of imaging and other medical information, and is not offered or provided for the purpose of diagnosing, treating or prescribing for any illness or injury. Neither the Application nor Dermtap’s service is a substitute for the use of professional evaluation and decision-making by appropriately licensed and qualified physicians and other health care professionals in making diagnoses and/or treatment decisions. The Application and Dermtap’s service provides imaging and medical information selected by one user and made available to another, and Dermtap does not select and cannot assure the accuracy, completeness or currency of any such information that one user selects and makes available to another. The Application and Dermtap’s service is intended for use in the United States only and does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider.
You expressly acknowledge and agree that Dermtap is not responsible for the results of your professional medical decisions resulting from the use of the Application and Dermtap’s service.
Dermtap does not assume any responsibility for any aspect of medical services or other health care provided or administered or not provided or administered with the aid of information the Application and/or Dermtap’s service provide.
3.PROPRIETARY RIGHTS AND LICENSE
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Dermtap.
Dermtap hereby grants you a non-transferable, worldwide, non-exclusive, royalty-free revocable license to use the Application for your personal use in accordance with these Terms. Dermtap grants you the right to use the Application only on iOS products that the you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Except for the rights expressly granted above, these Terms transfer to you, including any related user, no right, title, or interest in the Application, or the content of the Application nor any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein.
Dermtap retains sole and exclusive title to all portions of the Application, and any copies thereof, and you, including any related users, hereby assign to Dermtap all right, title, and interest in and to any modifications you or any related user makes to the Application, whether or not such modifications are permitted.
4.CONDITIONS OF USE
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; (iii) create derivative works of the Application of any kind whatsoever; (iv) sell, license, sublicense, lease, rent or transfer to any third party whether for profit or without charge, any portion of the Application; (v) publish or otherwise communicate any review of, or information about, the performance of the Application to any third party without the prior written consent of Dermtap; (vi) download, or otherwise use the Application in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws; or (vii) use the Application in connection with life support systems, human implantation, medical devices, or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country and you are not listed on any US Government list of prohibited or restricted parties.
The Application is currently made available to you free of charge. Dermtap reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with these Terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
This Application is available to handheld mobile devices running Apple iOS. Dermtap will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Dermtap’s reasonable control.
Dermtap does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
Dermtap will not be responsible for any support or maintenance for the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications "Software Requirements'".
The Software Requirements are as follows: Apple iOS devices running iOS 5.1 or higher; Language: English.
The Application may be upgraded from time to time to add new functions and services.
Dermtap may terminate use of the Application at any time with or without prior notification by deactivating your username and password or suspending operation of the Application.
Upon any termination, (i) the rights and licenses granted to you herein shall terminate; and (ii) you must cease all use of the Application.
Dermtap reserves the right to terminate its agreement with you, or to modify or terminate services and/or product offerings in connection with the Application, at any time without notice to you.
Termination between you and Dermtap may only act to discontinue your personal access to the Application and such termination may not act to terminate any other contracts related to the Application between any other user and Dermtap.
8.LIMITATION OF LIABILITY
In no event will Dermtap be liable to you or any other person for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of or access to (or inability to use or access) the Application, the content of the Application or any equipment furnished in connection therewith, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
Dermtap shall not be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
To the extent permitted by law, Dermtap’s, total maximum cumulative liability hereunder in connection with these Terms, whether arising under contract or otherwise, are limited to the fees received by Dermtap under these Terms (if any), specifically relating to your use of the Application or product which is the subject of the claim.
YOU ASSUME ALL RISK FOR SELECTION AND USE OF THE APPLICATION AND CONTENT PROVIDED THEREON. DERMTAP SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE APPLICATION OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
YOU ACKNOWLEDGE THAT DERMTAP: (I) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON; (II) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE APPLICATION OR CONTENT PROVIDED THEREON MAY BE USED BY YOU; (III) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE APPLICATION; AND (IV) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY PERSONS OTHER THAN DERMTAP.
TO THE GREATEST EXTENT PERMITTED BY LAW, DERMTAP SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO YOU AND PERSONS TREATED BY OR ON BEHALF OF YOU) FOR, AND YOU AGREE TO INDEMNIFY AND HOLD DERMTAP HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO, (I) YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH; AND (II) ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY YOU, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY.
IN NO EVENT SHALL DERMTAP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF DERMTAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AS BETWEEN YOU AND DERMTAP, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
9.DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, Dermtap makes no representation or warranty whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the Application, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party intellectual property infringement claim.
The Application and software are provided "as is" and "as available" without warranty of any kind.
You acknowledge that updates to the Application are at the sole discretion of Dermtap makes no representation or warranties whatsoever, express or implied, with respect to the compatibility of the Application, or of future releases thereof, with any computer hardware or software, nor does Dermtap represent or warrant the continuity of the features or the facilities provided by or through the Application as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the Application, (ii) you store or install the Application on a computer system which fails to meet the specifications provided by Dermtap, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Dermtap.
No salesperson or other representative of any party involved in the distribution of the Application (if any) is authorized to make any warranties with respect to the Application or the content of the Application, beyond those contained in these Terms. Oral statements do not constitute warranties, shall not be relied upon by you, and are not a part of these Terms.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
The Application does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider. The Application is an informational resource only. You and the other physicians and healthcare practitioners with whom you share imaging and other medical information through the Application must use your/their own judgment in using the information provided through the Application.
You are responsible to comply with all applicable laws and regulations regarding uses and disclosures of individuals’ personal information, including protected health information, including without limitation the Privacy and Security Rules promulgated under the Health Insurance Portability and Accountability Act ("HIPAA").
The Application is not offered or provided for the purpose of diagnosing, treating or prescribing for any injury, illness, disease or other health condition. Only physicians and other health care professionals may, within the scope of their respective licensure and qualifications, diagnose, treat or prescribe for injuries, illnesses, diseases and other health care conditions.
The Application is offered to assist licensed physicians and other health care professionals collect and organize health care information, to learn more about health care issues that relate to that information, and to communicate among themselves and with other health care providers more effectively. Dermtap shall not have any responsibility for any clinical decision-making made in reliance upon or otherwise in connection with the information exchanged through use of the Application.
The information the Application collects and reports regarding individuals medical history and/or physical condition is only a partial record, and is not a replacement for the medical and other records that are maintained by your physician(s) and other health care providers. Therefore, you should not act upon any of the information you receive through the Application without discussing the matter first with your patient(s), the patient(s)’ other physicians, including without limitation any physician who has referred the patient to you or has requested your consultation in connection with his or her treatment of an individual, and other health care providers as you determine to be appropriate.
You expressly acknowledge and agree that Dermtap is not responsible for the results of your decisions resulting from the use of the Application, including, but not limited to, your diagnosis of or failure to diagnose any health condition, and your determination of any specific treatment, prescription or referral.
Dermtap does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Application provides.
11.BUSINESS ASSOCIATE CONTRACT
If and to the extent that, by providing the Application and Dermtap’s service to you, Dermtap is acting as your "business associate," as defined at 45 C.F.R. § 160.103, the terms of the "business associate contract" set forth at [Business Associate Contract; https://www.dermtap.com/business_associate] is hereby incorporated into this agreement.
If for any reason any provision of these Terms is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
These Terms shall be interpreted, construed, and governed by and in accordance with the laws of the United States. You irrevocably submit to the jurisdiction of the courts of the United States.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms.
The failure of Dermtap to enforce any part of these Terms shall not constitute a waiver of its right to later enforce that or any other part of these Terms.
The section headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms are personal to you. The rights and obligations contained herein may not be assigned, transferred or sublicensed to any other party without the written consent of Dermtap.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
If you have any questions in relation to these Terms, or complaints or claims with respect to the Application please contact Dermtap, Inc. at 555 Bryant Street, #561, Palo Alto, CA 94301, (855) 337-6827 (855-Dermtap), CustomerCare@Dermtap.com.
© 2013 – Dermtap
Information DermTap Collects and Uses
The Application is intended to facilitate your storage and transmission of patients’ medical information concerning your patients to physicians and certain others, and this medical information includes personally identifiable information of those patients, including protected health information (“PII”). PII includes but is not necessarily limited to information that may be used to identify your patients (such as name or address, patient or medical record number, and so on) and that relates to (a) the patient’s past, present or future physical or mental health or condition, (b) the provision of health care to the patient or (c) the past, present or future payment for the provision of health care to the patient. In providing its service, DermTap may receive and create records containing PII of your patients. DermTap is required by law to take measures to protect the privacy and security of PII, and to comply with the terms and conditions of the DermTap’s Business Associate Contract with you. A copy of the Business Associate Contract is available at https://www.dermtap.com/baa.
The Application also collects account and other information about you, as a user of the Application. This information includes personal information about you and your use of the Application.
Use of Technologies by the Application.
The Application may use various user tracking mechanisms that monitor your describe your use of the Application, and your responses to communications from DermTap and others through the Application.
When DermTap collects information, including PII, directly from you through the Application, it follows generally accepted industry standards to protect the submitted PII and meets HIPAA privacy standards. DermTap uses encryption techniques and authentication procedures, among others, to maintain the security of your information and to protect user accounts, devices and systems from unauthorized access. We also protect information by placing it on a secure portion of our servers that is accessible only by certain qualified employees and other designees of DermTap. Unfortunately, however, no data transmission over the Internet, and no data storage facility, is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information. If you have any questions about security you can contact DermTap at firstname.lastname@example.org.
Disclosure of Information.
DermTap does not disclose your information, including PII, to any third party other than as permitted or required under the Business Associate Contract, or as you direct through your use of the Application.
The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. The servers that make the Application and DermTap’s service available worldwide are located in the United States. All matters relating to the Application and DermTap’s service are governed by the laws of the State of California, without reference to its conflicts of law rules that would result in the application of the laws of another jurisdiction. Please note that any information you provide will be transferred to the United States, and by using the Application and/or DermTap’s service or providing DermTap with information, including PII, you authorize this transfer.
Sale of Information.
DermTap does NOT sell or rent the PII or any other information you provide , and do not provide that information to third parties for commercial or any other purposes.